Independent Pharmacy Cooperative’s Amicus Curiae Brief: A Beacon of Support for Community Pharmacies
Introduction & Background of the Case
In the heart of Ohio’s legal system, a case that could significantly impact community pharmacies nationwide is unfolding. Maupin v. Klein’s Pharmacy & Orthopedic Appliances has caught the attention of the Independent Pharmacy Cooperative (IPC). The case involves a tragic and uncommon incident where a patient collapsed in Klein’s Pharmacy following a Covid vaccination and was severely injured. The patient sued Klein’s Pharmacy for damages caused by the injury. In response, Klein’s asked the Court to dismiss the case based on immunity provided by Federal Law for administration of Covid vaccines. The trial judge erroneously denied that request, ordering the case, including document production and depositions, to continue.
IPC’s Intervention
Because of our mission to support community pharmacy and recognition of the critical role that independent pharmacy played in responding to the Covid pandemic, IPC stepped in on behalf of community pharmacies and asked to be permitted to file an Amicus Curiae (friend of the court) brief in favor of an extraordinary appeal to the Ohio Supreme Court by the defendant pharmacy. The Ohio Supreme Court recently granted our petition to be heard, accepted our brief, accepted the appeal by Klein’s pharmacy, and scheduled further proceedings to rule on this important legal issue.
IPC argues that pharmacies are immune from suit under the Federal Public Readiness and Emergency Preparedness Act, generally known as the PREP Act, as distributors of a critical countermeasure (vaccines) responding to the Covid pandemic. We believe that the plaintiff and the trial court misinterpreted the impact of declarations by the Secretary of Health and Human Services to limit the clear immunity provided to pharmacies.
The Significance for Community Pharmacies
IPC believes that legal protections for pharmacies providing critical patient care in response to public health emergencies is of paramount importance. In filing this brief, IPC is not just supporting a single pharmacy but is standing up for all community pharmacies and public health.
This case goes beyond Klein’s Pharmacy. It’s about setting a precedent that could affect pharmacies across the country. IPC’s involvement sends a powerful message about the unity and resilience of community pharmacies. It’s a reminder that you are not alone in meeting the needs of your patients and communities. There is strength in numbers and a united voice.
The IPC Amicus Curiae brief is more than just a legal filing in a single case; it’s a symbol of solidarity and a testament to our cooperative’s dedication to protecting the interests of community pharmacies everywhere. IPC entered this case along with the American Pharmacists Association, NCPA, Ohio Pharmacists Association, Davies Pharmacy, Inc. and RC Compounding Services LLC. We believed this action was one worth taking given the importance of the issue. Once IPC had initiated the amicus brief proceedings, other pharmacy organizations joined in this important effort. Together we will fight to protect the critical healthcare role of community pharmacy!
