Burke v. Bean

McNEILL, Justice.

Bean had a gall bladder attack and his physician gave him a prescription for Oxa-cholin tablets. The prescription was taken March 28, 1960, to Burke’s Drug Store to be filled, and the pharmacist there, by mistake delivered Oxsoralen capsules to Bean. The doctor prescribed a pill after each meal. After Bean had taken one or two doses of the medicine he called his doctor and told him he was in much pain and needed a sedative, and the doctor prescribed relief medicine for him, which he took for about two days. In the meantime he continued to 'take the improperly filled…