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State ex rel. Jennings v. Purdue Pharma L.P.

SUPERIOR COURT OF THE STATE OF DELAWARE
Dec 16, 2019
C.A. No. N18C-01-223 MMJ CCLD (Del. Super. Ct. Dec. 16, 2019)

Opinion

C.A. No. N18C-01-223 MMJ CCLD

12-16-2019

STATE OF DELAWARE, ex rel. KATHLEEN JENNINGS, Attorney General of the State of Delaware, Plaintiff, v. PURDUE PHARMA L.P.; PURDUE PHARMA INC.; THE PURDUE FREDERICK COMPANY; ENDO HEALTH SOLUTIONS INC.; ENDO PHARMACEUTICALS INC.; MCKESSON CORPORATION; CARDINAL HEALTH INC.; AMERISOURCEBERGEN CORPORATION; ANDA PHARMACEUTICALS, INC.; H.D. SMITH, LLC; CVS HEALTH CORPORATION; and WALGREENS BOOTS ALLIANCE, INC., Defendants.


Determination of Whether the Supplemental Affidavit of Merit Complies with 18 Del. C. §§ 6853(a)(1) and (c) ORDER

Section 6853(a)(1) of title 18 of the Delaware Code provides that all healthcare negligence complaints must be accompanied by an affidavit of merit as to each defendant signed by an expert witness, accompanied by a current curriculum vitae of the witness, stating that there are reasonable grounds to believe that there has been healthcare medical negligence committed by each defendant.

In this case, the Supplemental Affidavit of Merit was filed under seal, as required. Pursuant to 18 Del. C. § 6853(d), the Court conducted in camera review of the affidavit to determine compliance with sections 6853(a)(1) and (c). The Court also has reviewed the accompanying curriculum vitae. The Court finds:

1. The affidavit is signed by an expert witness.

2. The affidavit is accompanied by a current curriculum vitae.

3. The affidavit sets forth the expert's opinion that there are reasonable grounds to believe that the applicable standard of care was breached by Defendant Walgreens.

4. The affidavit sets forth the expert's opinion that there are reasonable grounds to believe that illustrative examples of specifically enumerated breaches by Walgreens proximately caused the injuries claimed in the complaint. Statutory constraints relating to patient privacy prevented the expert witness from linking patients by name to the injuries alleged.

5. The expert witness was licensed to practice in the medical field of pharmacy as of the date of the affidavit.

6. In the 3 years immediately preceding the alleged negligent act, the expert witness was engaged in the treatment of patients and/or in the teaching/academic side of medicine in the field of Pharmacy.

7. The expert witness is board certified as a Pharmacotherapy Specialist.

THEREFORE, under the specific and unique facts alleged in the complaint, and having considered an issue which appears to be of first impression, the Court has reviewed in camera the Supplemental Affidavit of Merit and accompanying curriculum vitae of plaintiff's expert witness, and the Court finds that the Supplemental Affidavit of Merit complies with sections 6853(a)(1) and (c) of title 18 of the Delaware Code.

IT IS SO ORDERED.

/s/_________

The Honorable Mary M. Johnston


Summaries of

State ex rel. Jennings v. Purdue Pharma L.P.

SUPERIOR COURT OF THE STATE OF DELAWARE
Dec 16, 2019
C.A. No. N18C-01-223 MMJ CCLD (Del. Super. Ct. Dec. 16, 2019)
Case details for

State ex rel. Jennings v. Purdue Pharma L.P.

Case Details

Full title:STATE OF DELAWARE, ex rel. KATHLEEN JENNINGS, Attorney General of the…

Court:SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Dec 16, 2019

Citations

C.A. No. N18C-01-223 MMJ CCLD (Del. Super. Ct. Dec. 16, 2019)