Madison v. American Home Products Corp.

Justice WALLER:

This is a strict liability case. The issue on appeal is whether a pharmacy may be held strictly liable for the distribution of a prescription drug which was filled in accordance with a physician’s orders. The circuit court granted summary judgment to Respondent, Aiken Drug Company (Aiken). We affirm.

FACTS

Shirley Madison, a physician, began taking the drug Effexor on September 25, 1998, which was prescribed for chronic depression. She took it as prescribed through September 29, 1998, at which time she assaulted her seven-year-old son and attempted suicide at her home in Aiken…