Court Dismisses Wrongful-Death Suit by Horse Owners

The United States District Court in the Northern District of New York has dismissed a wrongful-death lawsuit filed by a group of Thoroughbred owners against New Jersey-based Wedgewood Pharmacy in September 2005.

The plaintiffs claimed a compounded medication provided by Wedgewood was “improperly” compounded. The court dismissed the case “with prejudice,” which means the decision is final, and it relied on “testing confirming (that) the (Wedgewood) product was formulated to the labeled potency as advertised,” the company announced in a May 10 release.

The plaintiffs in the case were Richlyn Farm, Grapestock LLC, Rabbits Foot Stable Inc., John Peace, and Catherine and Donald Flanagan. They alleged negligence, breach of warranty, and strict products liability against Wedgewood Village Pharmacy involving the antibiotic product Chloramphenicol Palmitate they claim necessitated the euthanization of three horses and severe injury to a fourth in the weeks leading up to the 2005 Saratoga meet.

Top sprinters Egg Head and Saratoga County were among the three horses euthanized at the time. Three of the four were stabled in the same barn at Saratoga.

George Malmberg, pharmacist-president and chief executive officer of Wedgewood, said the dismissal “clearly vindicates” Wedgewood Pharmacy of wrongdoing.