A wrongful-death suit brought against Wedgewood Village Pharmacy, of Swedesboro, N.J., was dismissed by the U.S. District Court of the Northern District of New York in April.
The suit was originally filed in September 2005 by a group of Thoroughbred racehorse owners seeking compensation for the alleged wrongful deaths of three racehorses and for severe damage to a fourth (see JAVMA, Dec. 1, 2005,).
According to the suit, the three horses were euthanized and the fourth was severely injured because Wedgewood's antimicrobial chloramphenicol palmitate product was "improperly designed, manufactured, compounded, formulated, mixed and/or labeled." The product was meant to treat horses suffering from infections.
In the order of dismissal, the court stated that testing confirmed the product was formulated to the labeled potency as advertised.
"This dismissal clearly vindicates Wedgewood pharmacy of any wrongdoing," said George Malmberg, president of Wedgewood, in a prepared statement. "We use industry-leading quality control systems, including the strict record-keeping that allowed us to recall the medicine immediately and to submit samples of the actual batch administered to these animals for rigorous, third-party testing."
The plaintiffs in the case were Richlyn Farm, Grapestock LLC, John Peace, Catherine and Donald Flanagan, and Rabbits Foot Stable Inc. The owners originally sought a combined minimum of $375,000 in losses.