WellDyne Must Face Suit Alleging Misdelivered Drug Caused Death

Mail-order pharmacy WellDyneRx Inc., which fills prescriptions for health care plans and other pharmacies, must face a suit alleging a misdelivered medication caused an elderly woman’s death.

A trial court erred in granting summary judgment to WellDyne Rx and WellDyne Inc., the U.S. Court of Appeals for the Fourth Circuit said June 12.

Bertha Small was allegedly sent medication that was labeled for another patient. Small took the drugs without reading the label, became disoriented, and fell and broke her leg. She later died of complications from the injury.

The trial court found Small was contributorily negligent by taking the ...