West Case Update

Wrongful Conduct by Plaintiff Precludes Tort Suit

Description Mississippi high court held that a person who claimed a prescription drug caused injury by causing him to become addicted to it could sue no one because of his wrongful conduct in obtaining the drug.

Topic Torts

Key Words Products Liability; Addiction; Wrongful Conduct

C A S E S U M M A R Y

Facts Price sued parties involved in the production, manufacture, distribution, prescription, and sale of OxyContin, a strong narcotic prescription drug. He alleges the drug is addictive. The addictive nature of the drug caused his injury. Before trial, it was learned that Price was seeing ten doctors at once, and used seven pharmacies in three cities, to obtain multiple prescriptions to the drug. When the drug insurer, Medicaid, learned of the overlapping prescriptions, it notified the doctors, who then refused to prescribe more medicine for him. The trial court dismissed the suit under the wrongful conduct rule. Price appealed.

Decision
Affirmed. Under the wrongful conduct rule, Price was precluded from bringing claims of negligence, products liability, malpractice and other claims for injuries he allegedly sustained from consuming prescription pain medication, a controlled substance. He obtained the drug through his own fraud and deception by misrepresenting his medical history to various doctors and pharmacies.

Citation Price v. Purdue Pharma Co., 920 So.2d 479 (Sup. Ct., Miss., 2006)

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Wrongful Conduct by Plaintiff Precludes Tort Suit
Description	Mississippi high court held that a person who claimed a prescription drug caused injury by causing him to become addicted to it could sue no one because of his wrongful conduct in obtaining the drug.
Topic	Torts
Key Words	Products Liability; Addiction; Wrongful Conduct
C A S E S U M M A R Y
Facts	Price sued parties involved in the production, manufacture, distribution, prescription, and sale of OxyContin, a strong narcotic prescription drug. He alleges the drug is addictive. The addictive nature of the drug caused his injury. Before trial, it was learned that Price was seeing ten doctors at once, and used seven pharmacies in three cities, to obtain multiple prescriptions to the drug. When the drug insurer, Medicaid, learned of the overlapping prescriptions, it notified the doctors, who then refused to prescribe more medicine for him. The trial court dismissed the suit under the wrongful conduct rule. Price appealed.
Decision	Affirmed. Under the wrongful conduct rule, Price was precluded from bringing claims of negligence, products liability, malpractice and other claims for injuries he allegedly sustained from consuming prescription pain medication, a controlled substance. He obtained the drug through his own fraud and deception by misrepresenting his medical history to various doctors and pharmacies.
Citation	Price v. Purdue Pharma Co., 920 So.2d 479 (Sup. Ct., Miss., 2006)