Case Case Study : Rite Aid Corporation V. Ellen R. Levy Gray

1407 Words Nov 4th, 2014 6 Pages
Mariah Alvarado-Gonzales (Group 10)
Bus 80
5 November 2014
Case Brief
Case Name: Rite Aid Corporation v. Ellen R. Levy-Gray, 162 Md. App. 673, 876 A.2d 115, 2005 Md. App. LEXIS 64 (2005)
Facts: On October 25, 2000, the plaintiff, Ellen Levy-Gray visited the head of Infectious Diseases at Mercy Medical Center, Dr. Ronald Geckler, who diagnosed her with Lyme disease. In response to this, he then gave her a prescription for doxycycline. Because Ms. Levy-Gray was concurrently breastfeeding her baby son, Dr. Geckler ordered her to discontinue breastfeeding until the end of her treatment, but did not provide her with any further instructions on how to take the medication. The prescription that Ms. Levy-Gray obtained through the defendant, Rite Aid, came packaged with a patient package insert entitled “Rite Advice.” The pamphlet enclosed instructions on how to take the drugs including its suggestion to consume food or milk with the daily dose if an upset stomach occurs. The “How to take this medication” section of the pamphlet explicitly stated, “Take with food or milk if stomach upset occurs unless your doctor directs you otherwise.” On October 26, 2000, Ms. Levy-Gray consumed her first dose of the prescription solely with water. The following day, she began to consume milk with the drug because she experienced an upset stomach. She continued to digest large quantities of dairy products including eight to ten glasses of milk daily in order to maintain her breast milk so that she…

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