RANDOL MILL PHARMACY v. MILLER

No. 13-1014.

465 S.W.3d 612 (2015)

RANDOL MILL PHARMACY, KVG Enterprises, Inc., Gary G. Daley, John Wayne Bailey, James Robert Forsythe, Kevin Lynn Heide, Julie Knowlton Lubbert, and Cara Morrell, Petitioners, v. Stacey MILLER and Randy Miller, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: April 24, 2015.

Rehearing Denied September 11, 2015.


Attorney(s) appearing for the Case

E. Lee Parsley , E. Lee Parsley, P.C., Jay B. Stewart , Hance Scarborough, LLP, Austin, TX, for Amicus Curiae Alliance of Independent Pharmacists — Texas.

Miguel S. Rodriguez , Taylor, Dunham, L.L.P., Austin, TX, for Amicus Curiae Southwest Pharmacy Solutions.

Mark A. Keene , Keene & Seibert, P.C., Austin, TX, for Amicus Curiae Texas Pharmacy Association.

Erin E. Lunceford , Sprott, Rigby, Newson, Robbins & Lunceford, PC, Michele Quattlebaum , Sprott Newsom Lunceford Quattlebaum Messenger, Houston TX, for Petitioner Randol Mill Pharmacy.

Michael W. Minton , Law Offices of Michael W. Minton, PLLC, Fort Worth, TX, Robert G. "Greg" Fitzgerald , Law Offices of Greg Fitzgerald, Bedford, TX, for Respondent Stacey Miller.


After suffering a severe adverse reaction to a compounded drug administered by her physician, Stacey Miller sued the compounding pharmacy and several of its licensed-pharmacist employees. We are asked whether Miller's claims against these defendants are health care liability claims subject to...

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