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Mercury Drug Corporation vs. De Leon

Case Ponente Decision Date

G.R. No. 165622 REYES, R.T., J Oct 17, 2008

Mercury Drug Corporation and its pharmacist assistant are held liable for negligence in
dispensing the wrong medicine to a judge, resulting in harm, in the case of Mercury Drug
Corporation v. De Leon.

Case Digest (G.R. No. 165622)

Facts:
Mercury Drug Corporation and its pharmacist assistant, Aurmela Ganzon, are the
petitioners.
Raul De Leon is the respondent.
On October 17, 1999, De Leon, a judge, went to Mercury Drug Store to buy
prescribed medicines for his irritated left eye.
De Leon showed his prescription to Ganzon, who handed over the medicine and
De Leon paid for it.
However, when De Leon used the medicine, he felt searing pain and realized that
he was given the wrong medicine, "Cortisporin Otic Solution," instead of the
prescribed "Cortisporin Ophthalmic."
De Leon confronted Ganzon, who did not apologize and instead blamed her
inability to fully read the prescription.
De Leon filed a complaint for damages against Mercury Drug.

Issue:
Whether Mercury Drug and Ganzon were negligent in dispensing the wrong
medicine to De Leon, causing harm to him.

Ruling:
The Supreme Court ruled in favor of De Leon and affirmed the decision of the
Regional Trial Court (RTC).
Mercury Drug and Ganzon were found negligent in dispensing the wrong medicine
and held liable for damages.
The amount of damages awarded by the RTC was reduced.

Ratio:
Mercury Drug and Ganzon failed to exercise the highest degree of care and
diligence expected of them as professionals in the field of dispensing medicines.
The profession of pharmacy demands great care and skill, and druggists must
exercise the highest practicable degree of prudence and vigilance.
Previous cases have established the duty of druggists to prevent harm to
customers who rely on their expertise.
Mercury Drug and Ganzon's defense that De Leon's own negligence was the
proximate cause of his injury was rejected.
As a buyer, De Leon relied on the expertise and experience of Mercury Drug and its
employees.
The amount of damages awarded by the RTC was reduced, considering the peculiar
facts of the case.