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CORREA v. SCHOECK

SJC-12409.

479 Mass. 686 (2018)

CARMEN CORREA, administratrix, v. ANDREAS P. SCHOECK & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 7, 2018.

Attorney(s) appearing for the Case

Thomas M. Greene ( Michael Tabb & Simon L. Fischer also present) for the plaintiff.

Bruce H. Murray for Walgreen Eastern Co., Inc.

Tory A. Weigand , for Andreas P. Schoeck & another, was present but did not argue.

The following submitted briefs for amici curiae:

Mary Ellen Kleiman , of the District of Columbia, & John F. Brosnan for National Association of Chain Drug Stores, Inc.

Kathleen L. Nastri , of Connecticut, Jeffrey R. White , of the District of Columbia, & Jonathan A. Karon , Thomas R. Murphy , Kristie A. LaSalle , & Kevin J. Powers for American Association of Justice & another.

Wells G. Wilkinson & Victoria Pulos for Health Law Advocates, Inc., & others.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

In this case, we address the novel issue whether a pharmacy has a legal duty to notify a prescribing physician when a patient's health insurer informs the pharmacy that it requires a "prior authorization" form3 from the physician. Health insurers often require prescribing physicians to submit prior authorization...

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