Summary Judgment Affirmed Based Upon Absence of Evidence Proving Causal Link Between the Different Ingredients in the Generic Drug and the Brand Name Drug in Pharmaceutical Malpractice Case

The Court of Appeals affirmed without opinion Cobb State Court Judge David Darden’s grant of summary judgment to the defendant pharmacy. Plaintiff claimed the pharmacist improperly substituted a generic drug for his brand name Ritalin prescription and that he suffered heart palpitations as a result, necessitating a trip to the hospital and testing. Summary judgment was granted based upon the absence of evidence proving a causal link between the different ingredients in the generic drug and the brand name Ritalin. The decision was affirmed on appeal without written opinion.

Scott Youngblood v. Walgreen Co., Case No. A07A1045 (Ga.App., Sept. 14, 2007).

Counsel for pharmacy: Lynn Roberson

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