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MADISON v. AMERICAN HOME PRODUCTS CORP.

No. 25811.

358 S.C. 449 (2004)

595 S.E.2d 493

Shirley Ann MADISON, Appellant, v. AMERICAN HOME PRODUCTS CORPORATION and Aiken Drug Co., Defendants, Of Whom Aiken Drug Co. is Respondent.

Supreme Court of South Carolina.

Decided April 19, 2004.

Attorney(s) appearing for the Case

Charles L. Henshaw, Jr., of Furr, Henshaw & Ohanesian, of Columbia, for Appellant.

David E. Dukes, Clarence Davis, and John D. Martin, all of Nelson, Mullins, Riley and Scarborough, of Columbia, for Respondent.

Justice WALLER:

This is a strict liability case. The issue on appeal is whether a pharmacy may be held strictly liable for the distribution of a prescription drug which was filled in accordance with a physician's orders. The circuit court granted summary judgment to Respondent, Aiken Drug Company (Aiken). We affirm.

FACTS

Shirley Madison, a physician, began taking the drug Effexor on September 25, 1998, which was prescribed for chronic depression...

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