Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Trach v. Fellin

Expert witness testimony regarding causation of the alleged long term effects of an antidepressant which was wrongly dispensed to the plaintiff is not admissible under the Frye test of admissibility of scientific evidence.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

�1 In this case, involving the erroneous dispensation of a drug by a pharmacy, we consider whether under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), the trial court improperly admitted certain scientific expert testimony on causation.

�2 On July 11, 1995, plaintiff Allen Trach went to see his dentist for pain in his jaw. The dentist prescribed an antibiotic, Amoxil or Amoxicillin, and Trach took the prescription to defendant Thrift Drug. Instead of the antibiotic prescribed for Trach, the pharmacist’s assistant on duty filled the prescription with Doxepin, an antidepressant. The prescription called for 40 capsules of 250 mg. Amoxil, and Trach received 29 capsules of 150 mg. Doxepin. Trach was told the pharmacy had only 29 capsules of Amoxil in stock and that he should return in a few days to pick up the rest of his prescription. Trach’s prescription directed him to take two pills every four hours. Soon after taking the first dose, Trach began to have strange sensations, including shakiness, dizziness, confusion and headaches. He had difficulty walking and speaking coherently. He continued taking the pills as prescribed, and soon began experiencing nausea, vomiting, pain in his right eye, an intoxicated feeling and a rapid heartbeat. He felt as if he were going to die.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
ASSOCIATE: Commercial Litigation

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›
Business Attorney with 5+ years experience -- Florida

Job Opportunity: Location: Prestigious Florida Law Firm seeks to hire a Business attorney with at least 5 years of experience for their Ft. ...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements