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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.

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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.

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