Expert Was Reliable To Show Wal-Mart’s Negligence In Medication Filling, Panel Says
(August 17, 2015, 11:00 AM EDT) -- NEW ORLEANS — An expert’s opinion on the standard of care was sufficiently reliable to pass a “gatekeeping assessment” for purposes of showing that Wal-Mart Stores Texas L.L.C. was negligent in failing to provide a 72-hour emergency supply of prescriptions when a customer’s doctor could not be reached, the Fifth Circuit U.S. Court of Appeals held Aug. 12 (Shan Kovaly v. Wal-Mart Stores Texas LLC, No. 14-20697, 5th Cir.; 2015 U.S. App. LEXIS 14346).
(Opinion available. Document #30-150911-001Z.)
After entering the hospital in August 2012 complaining...