FORT LAUDERDALE HUB - QPWB attorneys David Tarlow and Maggie Colter recently achieved a significant victory for a pharmacy in a case involving a licensed physician, further solidifying the firm's expertise in healthcare litigation.

Overview of the Case
The case involved a licensed physician (Plaintiff) who operated a pain management clinic and was authorized to prescribe controlled substances. The Florida Department of Health (“DOH”) performs a mandatory annual random inspection and audit on all licensed pain management clinics. As to the Plaintiff's clinic, it passed every annual DOH inspection and audit.

The Defendant pharmacy, after requesting and reviewing information about the Plaintiff's prescribing practices, decided to stop filling his prescriptions for controlled substances. The Plaintiff alleged that this decision would negatively impact his patients and practice, leading to potential harm due to the abrupt discontinuation of opioid medication. A preliminary injunction was initially entered against the Defendant pharmacy. However, QPWB was retained and successfully defended the pharmacy, ultimately obtaining a dismissal of the case.

Key Difference-Makers

• David Tarlow - Managing Partner of Fort Lauderdale Hub
• Maggie Colter - Associate Attorney

Claims Made Against Our Client

The Plaintiff alleged that the pharmacy's decision to stop filling his prescriptions would force his patients to seek another pharmacy or leave his care, potentially causing harm due to the abrupt discontinuation of opioid medication. The Plaintiff sought injunctive relief and claimed tortious interference with his business relationships.

Defense Strategy
QPWB attorneys Tarlow and Colter strategically filed a Motion to Dismiss, raising several grounds and arguing that the state of Florida was an indispensable party that had not been named in the lawsuit. This legal maneuver proved decisive as the court granted the motion, recognizing the lack of diversity jurisdiction due to the state's involvement.

Impact on Final Outcome
The court's decision to grant the motion to dismiss resulted in the closure of the case and the lifting of the temporary injunction against the pharmacy. This outcome has forced the Plaintiff to either seek an administrative remedy with The Florida Board of Pharmacy or pursue legal action in state court with the state of Florida as a co-defendant. However, as the state of Florida operates the Florida Board of Pharmacy and is supportive of the Defendant's decision, suing in state court doesn't seem to be a viable option for the Plaintiff.

Unique Aspect of the Case
The Plaintiff filed a two count complaint alleging tortious interference with his business relationships and seeking injunctive relief.

The case highlights the importance of strategic legal maneuvering and the effective use of procedural rules to achieve favorable outcomes for clients. QPWB's expertise in identifying and leveraging the indispensable party doctrine proved crucial in securing a dismissal and protecting the pharmacy's interests.

Predicting the Future
This victory underscores QPWB's commitment to providing exceptional legal representation and achieving successful outcomes for clients in the healthcare industry. The firm's attorneys and support staff possess a deep understanding of healthcare regulations and are adept at navigating complex legal challenges to protect clients' interests and reputations.