Ex Parte Partners in Care, Inc.

986 So. 2d 1145, 2007 WL 4284657
CourtSupreme Court of Alabama
DecidedDecember 7, 2007
Docket1061261
StatusPublished
Cited by2 cases

This text of 986 So. 2d 1145 (Ex Parte Partners in Care, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Partners in Care, Inc., 986 So. 2d 1145, 2007 WL 4284657 (Ala. 2007).

Opinion

986 So.2d 1145 (2007)

Ex parte PARTNERS IN CARE, INC.
(In re Sandra Sherman and Leslie Nobles
v.
Partners in Care, Inc.).

1061261.

Supreme Court of Alabama.

December 7, 2007.

*1146 John C.S. Pierce and Carin D. Brock of Butler Pappas Weihmuller Katz Craig, LLP, Mobile; and Thomas S. Spires & Todd Neal Hamilton of Smith, Spires and Peddy, P.C., Birmingham, for petitioner.

C. Carter Clay and Michael C. Bradley of Pittman, Dutton, Kirby & Hellums, P.C., Birmingham, for respondents Sandra Sherman and Leslie Nobles.

Max Cassady of Cassady & Cassady, P.C., Fairhope; and William D. Melton, Evergreen, for respondents Rebekah Baker, Patricia Crook, Marshelia Evans, Mattie Jones, Ronald Jones, Barry Likely, Loretta Pugh, and Anita White.

Abner R. (Ab) Powell III of the Powell Law Firm, P.C., Andalusia, for respondents Vincent Brundidge, Stephen Burrell, D.J. Frye, Bama Lee Hendrix, Billy J. Jackson, Joni Lambert, Tia Logsdon, and Barbara McCreary.

David G. Wirtes, Jr., and George M. Dent III of Cunningham, Bounds, Crowder, Brown & Breedlove, L.L.C., Mobile, for amicus curiae Alabama Association for Justice, in support of respondents.

R. Bruce Barze, Jr., of Balch & Bingham, Birmingham; and Doy Leale McCall III of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for amicus curiae Alabama Defense Lawyers Association, in support of the petitioner.

BOLIN, Justice.

Partners in Care, Inc. ("PIC"), the defendant in multiple actions alleging that it produced a defective drug that injured the recipients of the drug, petitions this Court for a writ of mandamus directing the Mobile Circuit Court and the Conecuh Circuit Court, in separate actions, to vacate their orders denying PIC's motions for a change *1147 of venue, for a more definite statement, and to enter a protective order, all made pursuant to the Alabama Medical Liability Act, § 6-5-480 et seq., Ala.Code 1975 ("the AMLA"), and to grant those motions. We deny the petition.

I.

PIC, a business based in Shelby County, is licensed by the Alabama State Board of Pharmacy as both a traditional retail pharmacy and as a manufacturer/wholesaler/distributor of drugs. In November and December 2006, PIC produced a faulty batch of generic injectable betamethasone, a steroid commonly used in the treatment of arthritis, sinusitis, and other conditions. The betamethasone was shipped to physicians in various parts of Alabama for use in treating their patients. After those physicians began using the PIC-produced betamethasone in their practice, some of the patients who received injections of the medication had adverse reactions to it. It was later determined that there was a problem with the batch of betamethasone PIC had produced, and the batch was recalled.

Lawsuits were subsequently filed against PIC by individuals in Jefferson County,[2] Mobile County, and Conecuh County, who all alleged that they had been injured by the PIC-produced betamethasone. Those plaintiffs stated their claims as product-liability claims made pursuant to the Alabama Extended Manufacturer's Liability Doctrine; however, PIC subsequently moved each of the trial courts to treat the claims as medical-liability claims under the AMLA and to transfer the cases to Shelby County, to require the plaintiffs to file a more definite statement, and to enter a protective order in accordance with the provisions of the AMLA.[3] The Jefferson Circuit Court granted PIC's motion to transfer and transferred the cases pending in its court to Shelby County, where PIC had produced the batch of betamethasone that allegedly caused the injuries. However, the Mobile Circuit Court and the Conecuh Circuit Court denied PIC's motions. PIC now petitions this Court to issue a writ of mandamus directing the Mobile Circuit Court and the Conecuh Circuit Court to vacate their orders denying PIC's motions for a change of venue, motions for a more definite statement, and motions to enter a protective order, and to enter orders granting those motions. We deny PIC's petition.

II.

A writ of mandamus is an extraordinary remedy, and a petitioner seeking such a writ must demonstrate a clear, legal right to the relief sought. Ex parte Palm Harbor Homes, Inc., 798 So.2d 656, 660 (Ala.2001). In the instant case, PIC has a clear, legal right to have its motions granted only if it can establish that the plaintiffs' claims are indeed subject to the AMLA. That inquiry in turn hinges on *1148 whether PIC is a "health-care provider" within the meaning of the AMLA.

The AMLA defines a "health care provider" as "[a] medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481." § 6-5-542(1), Ala.Code 1975. PIC does not dispute that it is not a "medical practitioner," a "dental practitioner," a "medical institution," a "physician," a "dentist," or a "hospital," as those terms are defined in § 6-5-481; thus, the question becomes whether PIC falls within the definition of "other health care providers" in that section.

Section 6-5-481(8) defines "other health care providers" as "[a]ny professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services." This Court on multiple previous occasions has considered whether an individual or corporation is an "other health care provider" entitled to the protections of the AMLA; however, our interpretation of § 6-5-481(8) has not always been uniform. In some cases, we have considered whether the corporation or person seeking to be considered an "other health care provider" is itself "directly involved in the delivery of health care services," while in other cases we have read the phrase "who are directly involved in the delivery of health care services" as describing the physician, dentist, or hospital that employs the corporation or person seeking to be considered an "other health care provider." Compare Wilson v. American Red Cross, 600 So.2d 216, 218 (Ala.1992) (holding that the Red Cross was an "other health care provider," in part because it was "directly involved in the delivery of health care services"), with Anderson v. Alabama Reference Labs., 778 So.2d 806, 810 (Ala.2000)(holding that a medical laboratory was an "other health care provider" because its testing of a specimen was an integral part of the physician's delivery of health-care services to the patient). We also at one time interpreted the term "employed" as it is used in § 6-5-481(8) to require an employment or contractual relationship between the corporation or person seeking to be considered an "other health care provider" and a physician, dentist, or hospital, while we have more recently recognized that the physician, dentist, or hospital need only have "used" the corporation or person seeking to be considered an "other health care provider." Compare Ex parte Main, 658 So.2d 384, 387 (Ala. 1995) (holding that a registered nurse was an "other health care provider" because her contractual relationships with a hospital and physician were "sufficiently analogous to employment relationships"), with Cackowski v. Wal-Mart Stores, Inc., 767 So.2d 319, 324-25 (Ala.2000) (construing "employed" to apply to a person of whom the physician makes use or whose services the physician engages).

However, although perhaps not perfectly consistent, our caselaw considering § 6-5-481(8), and especially our more recent decisions such as Cackowski and Anderson,

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Bluebook (online)
986 So. 2d 1145, 2007 WL 4284657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-partners-in-care-inc-ala-2007.