Deck Ex Rel. Deck v. McBrien

OPINION

RICHARD MILLS, District Judge:

On July 10, 1986, Rita Deck purchased the prescription drug Asendin from Sullivan Drugs, Inc. and Terry McBrien, a pharmacist employed by Sullivan. The drug was not dispensed in a child-proof container as required by federal law.

One month later, on August 15, Rita’s 2lk year old daughter, Brandi, ingested the drug and, as a result, sustained severe and permanent injuries.

The Decks have brought this action under the Consumer Product Safety Act, 15 U.S.C. § 2072, seeking $6,000,000 in damages against the Defendants. Defendants have moved to dismiss on the…