Case: Randol Mill Pharmacy V. Miller
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II. DISCUSSION
1. Randol Mill Pharmacy v. Miller, No. 13-1014, 2015 WL 1870058 (Tex. Apr. 24, 2015).
In Randol Mill Pharmacy v. Miller—a case of first impression—the Texas Supreme Court held that a pharmacy and its employees were engaged in “the dispensing of prescription medicines” when they compounded an injectable lipoic acid. Accordingly, a patient’s claims against the pharmacy and its employees constituted healthcare liability claims subject to the provisions of the Texas Medical Liability Act (the “Act”).
In 2011, Stacey Miller’s doctor treated her for Hepatitis C by using weekly intravenous injections of lipoic acid, an antioxidant supplement. Miller eventually suffered a severe adverse reaction to the treatment, which required