Kerns v. Hoppe

381 P.3d 630 (2012)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Kerns a long history of intense knee pain resulting from multiple motorcycle accidents that led to narcotics dependence. H received treatment from (Ds) Dr. Walter J. Hoppe, D.O., David Armitage, PA-C, and Desert Trails Medical, Inc. Kerns’ pain was managed by interchanging prescriptions for Norco, OxyContin, Vicodin, and methadone in the hope to avoid addiction to any one medication. The medications were used until Kerns had surgery. Ds diagnosed Kerns with addiction to OxyContin. They weaned him off OxyContin over a seven-day period and replaced it with methadone that was then to be slowly decreased until he was off of both medicines. Kerns began ‘doctor shopping’ by visiting other physicians to procure extra narcotics. Ds had Kerns sign narcotics contracts acknowledging that it is illegal to obtain multiple prescriptions from various doctors and that it might endanger his health. The contracts stated that Kerns would not request or accept controlled substances from any other medical providers. Kerns died in his sleep from methadone intoxication. Stephanie Kerns (P), wife, sued Ds for medical malpractice, negligence, and statutory violations against respondents Wal-Mart Stores, Inc., and various Wal-Mart pharmacists (collectively, the Pharmacy Defendants). Ds moved for summary judgment and it was granted because Kerns assumed the risk of his death by abusing the various drugs prescribed to him. P appealed.