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SMALL v. WELLDYNE, INC.

No. 18-1638.

927 F.3d 169 (2019)

Michael A. SMALL, Administrator of the Estate of Bertha Autry Small, deceased, Plaintiff-Appellant, v. WELLDYNE, INC., a Florida Corporation; WellDyneRX, Inc., a Florida Corporation; Exactus Pharmacy Solutions, Inc., a Delaware Corporation; Does 1 through 5, inclusive, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 12, 2019.

Attorney(s) appearing for the Case

ARGUED: Marshall B. Pitts, Jr. , LAW OFFICES OF MARSHALL B. PITTS, JR., P.C., Fayetteville, North Carolina; Willie D. Gilbert, II , LAW OFFICES OF WILLIE D. GILBERT, II, Wilson, North Carolina, for Appellant. Demetrius W. Berry , BROTHERTON FORD BERRY & WEAVER, PLLC, Greensboro, North Carolina; Barry Sidney Cobb , YATES, MCLAMB & WEYHER, LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: Daniel J. Burke , BROTHERTON FORD BERRY & WEAVER, PLLC, Greensboro, North Carolina, for Appellees WellDyne, Inc. and WellDyneRx, Inc. Suzanne R. Walker , YATES, McLAMB & WEYHER, LLP, Raleigh, North Carolina, for Appellee Exactus Pharmacy Solutions, Inc.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Wilkinson and Judge Harris joined.

On November 19, 2013, Bertha Small ingested prescription medications that were sent to her by mistake. Ms. Small was accustomed to receiving medications in the mail. On the day she ingested the pills, Ms. Small received a package addressed to her home in North Carolina that contained six prescription medications. The...

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