Randol Mill Pharmacy v. Miller (Opinion)Annotate this Case
Plaintiff suffered a severe adverse reaction to a compounded drug administered by her physician that left her permanently blind in both eyes. Plaintiff sued the compounding pharmacy and several of its licensed-pharmacist employees. Taking the position that Plaintiff had asserted health care liability claims governed by the Texas Medical Liability Act (Act), the defendants moved to dismiss Plaintiff’s claims for failure to serve them with an expert report. The trial court denied the motion. The court of appeals affirmed, concluding that the pharmacist defendants were not health care providers, the claims against them were not health care liability claims, and therefore, the Act did not apply. The Supreme Court reversed, holding (1) the Act applies to Plaintiff’s claims against the pharmacist defendants; (2) under the applicable version of that Act, Plaintiff was required to serve the defendants with an expert report within 120 days of filing suit; and (3) because Plaintiff failed to do so, her claims must be dismissed. Remanded.