44.4 Drug RegulationJoseph Wahba had a prescription filled at Zuckerman's Pharmacy (Zuckerman's) in Brooklyn, New York. The prescription was for Lomotil, a drug used to counteract stomach disorders. The pharmacy dispensed thirty tablets in a small plastic container unequipped with a "childproof" cap. Joseph took the medicine home, where it was discovered by Wahba's 2-year-old son, Mark. Mark opened the container and ingested approximately twenty pills before Mark's mother saw him and stopped him. She rushed him to a hospital but, despite the efforts of the doctors, Mark lapsed into a coma and died. The Wahbas sued H& N Prescription Center, Inc., the company that owns Zuckerman's, for damages.Question to answer:
- Who wins?
Wahba v. H& N Prescription Center, Inc., 539 F. Supp. 352, Web 1982 U. S. Dist. Lexis 12327 ( United States District Court for the Eastern District of New York)