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No. 132203
| Judith Kuznar and Joseph Kuznar, |
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Lesley F. Knapp |
Plaintiffs-Appellees, |
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Robert J. Kanter |
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(Appeal from Ct of Appeals) |
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(Wayne - Simmons, L.) |
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| Raksha Corporation, d/b/a Crown Pharmacy, and |
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Jeffrey R. Clark |
| Valerie Randall, |
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| Defendants-Appellants. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Michigan Justice Association's Amicus Curiae Brief>>
Michigan Pharmacists Association's Amicus Curiae Brief>>
Background
Judith Kuznar was injured when Valerie Randall, a pharmacy technician who is not a licensed pharmacist and was not being supervised by a pharmacist, refilled a prescription for Kuznar with pills containing more than eight times the prescribed dosage. Randall worked for defendant Raksha Corporation, doing business as Crown Pharmacy. Kuznar and her husband sued both Randall and Raksha Corporation, alleging ordinary negligence. The defendants moved for summary disposition, arguing that the claim sounded in medical malpractice rather than negligence and was therefore barred by the two-year statute of limitations. The circuit court denied the motion. The defendants appealed, and the Court of Appeals issued a published opinion affirming the circuit court’s ruling. The Court of Appeals held that the plaintiffs’ claim sounded in negligence, that “a pharmacy does not qualify as a ‘licensed health facility or agency’ subject to malpractice actions, as set forth in MCL 600.5838a(1),” and that a pharmacy technician is not a licensed health care professional subject to malpractice suits under MCL 600.5838a(1)(b). The defendants appeal.
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