O.C.G.A. § 51-1-25 (2019)

Annotations

Cross references. - Pharmacists and pharmacies generally, § 26-4-1 et seq. Law reviews. - For note, ‘‘Does the National Childhood Vaccine Injury Compensation Act Really Prohibit Design De-

fect Claims?: Examining Federal Preemption in Light of American Home Products Corp. v. Ferrari,’’ see 26 Ga. St. U.L. Rev. 617 (2010).

JUDICIAL DECISIONS Codification of common-law duty. - O.C.G.A. § 51-1-25 does nothing more than codify, with respect to vendors of drugs and medicines, the general common-law duty of all persons to exercise reasonable care and diligence to avoid injuring others. Sparks v. Kroger Co., 200 Ga. App. 135, 407 S.E.2d 105 (1991). Druggist impliedly warrants that article druggist sells is article called for, and is liable for breach of such warranty for injury resulting in giving the purchaser the wrong article. Watkins v. Jacobs Pharmacy Co., 48 Ga. App. 38, 171 S.E. 830 (1933). Legal doctrine caveat emptor should in cases of vendors of drugs be caveat vendor. Watkins v. Jacobs Pharmacy Co., 48 Ga. App. 38, 171 S.E. 830 (1933). Knowledge of defect or negligence by supplier essential to action. - With respect to the sale of specified articles intended for human consumption or use,

either knowledge of the defect or negligence by the seller is an essential element. Lovett v. Emory Univ., Inc., 116 Ga. App. 277, 156 S.E.2d 923 (1967). Professional malpractice. - When a vendor of drugs or medicines is a licensed pharmacist and is sued on the basis of allegations that the pharmacist negligently dispensed the wrong drug in filling a medical prescription, the claim against the pharmacist clearly is for professional malpractice. Sparks v. Kroger Co., 200 Ga. App. 135, 407 S.E.2d 105 (1991). There is nothing in O.C.G.A. § 51-1-25 which would obviate the need for compliance with O.C.G.A. § 9-11-9.1, which requires an affidavit to accompany a charge of professional malpractice. Sparks v. Kroger Co., 200 Ga. App. 135, 407 S.E.2d 105 (1991). Cited in Lewis v. Brannen, 6 Ga. App. 419, 65 S.E. 189 (1909); Jacobs Pharmacy Co. v. Gipson, 116 Ga. App. 760, 159 S.E.2d 171 (1967).

RESEARCH REFERENCES Am. Jur. 2d. - 63 Am. Jur. 2d, Products Liability, § 570 et seq. 63A Am. Jur. 2d, Products Liability, §§ 1067, 1133, 1138. 63B Am. Jur. 2d, Products Liability, §§ 1919, 1920. C.J.S. - 28 C.J.S., Drugs and Narcotics, § 40 et seq. ALR. - Liability of druggist for injury in consequence of mistake, 31 ALR 1336; 44 ALR 1482. Liability of druggist for punitive damages, 31 ALR 1362. Civil liability of pharmacist who fills accurately an improper prescription or one calling for an unusual dose, 80 ALR 452. Liability of manufacturer or seller for injury caused by drug or medicine sold, 79 ALR2d 301. Hospital’s liability for negligence in connection with preparation, storage, or dispensing of drug or medicine, 9 ALR3d 579.

Malpractice: doctor’s liability for mistakenly administering drug, 23 ALR3d 1334. Druggist’s civil liability for suicide consummated with drugs furnished by him, 58 ALR3d 828. Liability of manufacturer or seller for injury or death allegedly caused by failure to warn regarding danger in use of vaccine or prescription drug, 94 ALR3d 748. Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer’s liability for product-caused injury, 94 ALR3d 1080. Druggist’s civil liability for injuries sustained as result of negligence in incorrectly filling drug prescriptions, 3 ALR4th 270. Liability of pharmacist who accurately fills prescription for harm resulting to user, 44 ALR5th 393.