HOUSTON - The 14th Court of Appeals today granted a joint motion to dismiss an appeal brought by CVS Pharmacy and other prescription drug distributors after a court declined to dismiss Bexar County’s opioid suit against them.
CVS and the other distributors filed their appeal on April 10, court records show.
According to their brief, the case is about the alleged improper dispensing of prescription medications by licensed pharmacies.
The pharmacy defendants appealed the denial of their re-filed motion to dismiss the suit under section 74.351(b) of the Texas Medical Liability Act, which requires an expert report be served when filing a health care liability claim.
“Plaintiff alleges that licensed pharmacies violated the professional standards for proper and safe dispensing of opioid medications when filling prescriptions written by Texas doctors,” the brief states. “Plaintiff refused to serve the preliminary expert reports required by the TMLA.
“If the TMLA applies, Plaintiffs dispensing claims must be dismissed with prejudice.”
According to the parties’ joint motion to dismiss, CVS, Walmart, Walgreens, and the county entered into settlement agreements to resolve all of the county’s claims against CVS, Walmart, and Walgreens.
Appeals case No. 14-23-00278-CV