The Appellate Division sided with the father of a girl who died of a drug overdose in his claim filed against several New Jersey pharmacies, finding that it was the trial court’s error to preclude consideration of the plaintiff’s claims under the learned intermediary doctrine.

The plaintiff, George Shamy, was the father of Deanna D. Shamy, a woman who died of an overdose of prescription medications in 2017, according to the opinion. Two years after her death, Shamy filed suit against a former New Jersey doctor, Eddie Gamao, and four pharmacies, alleging they negligently filled his daughter’s prescriptions for addictive medications and controlled substances “far in excess of reasonable practices,” according to the opinion. Shamy appealed four orders issued by the Middlesex County Superior Court granting summary judgment to defendants Stelton Pharmacy, Devine Pharmacy, Walgreen Eastern, and New Jersey CVS Pharmacy. Shamy stipulated to Gamao’s dismissal from the matter.