Troppi v. Scarf

In this case we consider the civil liability of a pharmacist who negligently supplied the wrong drug to a married woman who had ordered an oral contraceptive and, as a consequence, became pregnant and delivered a normal, healthy child.

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A summary judgment was entered dismissing the complaint of the plaintiffs, John and Dorothy Trop pi, on the ground that it does not state a claim upon which relief can be granted. In our appraisal of the correctness of the trial judge’s ruling we accept as true plaintiffs’ factual allegations.

In August 1964, plaintiffs were the parents of seven children,…