Gregson v. Zurich American Insurance

CLEMENT, Circuit Judge:

Appellants, David and Cathy Gregson (“Gregsons”) appeal the district court’s dismissal of their complaint for failure to exhaust administrative remedies under Federal Rules of Civil Procedure Rule 12(b)(6). For the following reasons, we reverse and remand for further proceedings.

I. FACTS AND PROCEEDINGS

David Gregson (“Gregson”) sustained an injury while at work, which required back surgery. Following surgery, Gregson’s physician prescribed him an antibiotic called Levaquin to prevent infection. Gregson attempted to have the prescription filled at Eckerd Pharmacy on a…