Posts tagged "1218216"

Correa v. Schoeck, et al. (Lawyers Weekly No. 12-182-16)

COMMONWEALTH OF MASSACHUSETTS THE SUPERIOR COURT MIDDLESEX, ss. DOCKET NO. 12-CV-4164-H CARMEN CORREA, AS ADMINISTRATRIX FOR THE ESTATE OF YARUSHKA RIVERA, Plaintiff v. ANDREAS P. SCHOECK, M.D., NEW ENGLAND NEUROLOGICAL ASSOCIATES, P.C., AND WALGREEN EASTERN CO., INC., Defendants MEMORANDUM OF DECISION AND ORDER Alleging that Yarushka Rivera suffered a fatal seizure on October 29, 2009, because she did not receive her prescription for the anti-epilectic drug Topamax, the plaintiff Carmen Correa, the administratrix for Ms. Rivera’s estate, commenced this action for wrongful death, punitive damages, and conscious pain and suffering against Ms. Rivera’s treating neurologist, Andreas P. Schoeck, M.D., Dr. Schoeck’s employer, New England Neurological Associates, P.C., and Ms. Rivera’s pharmacy, Walgreen Eastern Co., Inc. Walgreen’s moved for summary judgment on all of the plaintiff’s claims against it, and this court allowed that motion in a margin endorsement in June 2 2016, and in doing so, invited Walgreen’s to file a motion for the entry of a separate and final judgment. This case is before the court on the plaintiff’s motion under Mass. R. Civ. P. 54(b) “to revise or reconsider” the June 2016 Order or, alternatively, to enter separate and final judgment against Walgreen’s. For the following reasons, the plaintiff’s motion is ALLOWED in part and DENIED in part. I. BACKGROUND The following facts, as set forth in the summary judgment record, are undisputed and, where disputed, viewed in the light most favorable to the plaintiff as the non-moving party. See Foster v. Group Health, Inc., 444 Mass. 668, 672 (2005). After suffering a seizure in May 2009, Ms. Rivera came under Dr. Schoeck’s care. Dr. Schoeck prescribed Topamax to treat her seizure disorder. On June 13, 2009, Ms. Rivera filled her Topamax prescription at Walgreen’s Pharmacy in Lawrence, Massachusetts. Ms. Rivera filled another Topamax prescription at Walgreen’s on July 26, 2009. At that time, a Walgreen’s pharmacist informed Ms. Rivera that her insurer, MassHealth would not cover any subsequent prescriptions for Topamax without “prior authorization” from Dr. Schoeck, and that she should contact Dr. Schoeck to obtain this required documentation. Ms. Rivera had a second seizure on September 2, 2009. On September 8, 2009, Walgreen’s informed her, the plaintiff, and Ms. Rivera’s stepfather, Julio Escobar, that 3 MassHealth had denied coverage for Ms. Rivera’s Topamax prescription for lack of prior authorization. Therefore, Walgreen’s could not fill Ms. Rivera’s Topamax prescription at that time unless she paid for it. Ms. Rivera and her family attempted to fill her Topamax prescription at Walgreen’s on September 18, 2009, September 28, 2009, October 12, 2009, and October 13, 2009. Mr. Escobar attempted to obtain the prior authorization by telephoning Dr. Schoeck’s office several times between July and October 2009. Walgreen’s pharmacy computer […]


Posted by Massachusetts Legal Resources - January 4, 2017 at 11:44 pm

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