January 2009
In January 2009, Noel Halpin obtained summary judgment for a National Retailer in federal court in a case involving alleged mis-filled prescriptions, alleged contaminated prescription drugs, and associated allergic reactions. The retailer proved that the prescription dispensed to the Plaintiff were correctly filled, and that it did nothing to alter the drugs from their original state, as distributed by the manufacturer. The court further found that there was no evidence that the drugs were defective or dangerous. Summary judgment was entered and the case was dismissed. The Plaintiff subsequently appealed to the Sixth Circuit Court of Appeals, which affirmed the dismissal. The Plaintiff then petitioned the United States Supreme Court for a Writ of Certiorari. The Supreme Court declined to review the case and the litigation ended.