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SMITH LABORATORIES v. TEUSCHER

No. 18, September Term, 1987.

310 Md. 676 (1987)

531 A.2d 300

SMITH LABORATORIES, INC. v. EMIL J. TEUSCHER ET AL.

Court of Appeals of Maryland.

October 6, 1987.

Attorney(s) appearing for the Case

Richard A. Pearson (J. Paul Mullen and Lord & Whip, P.A., on the brief), Baltimore, for appellant.

R. Douglas Jones, Lerch & Huesman, Baltimore, for appellee Emil J. Teuscher et al.

Marc Seldin Rosen, Dale B. Garbutt and Whiteford, Taylor & Preston, Baltimore, for appellee Anthony H. Woodward.

William F. Gately, Semmes, Bowen & Semmes, Baltimore, for appellee Carroll County General Hosp.

Barry Tayman, Baltimore, for appellee U.S., Veterans Admin.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

PER CURIAM:

In this case we hold that the Maryland Health Care Malpractice Claims statute, Md.Code (1974, 1984 Repl.Vol., 1986 Cum.Supp.), §§ 3-2A-01 to -08 of the Courts and Judicial Proceedings Article (the Act), does not require, as a condition precedent to a civil action in court, arbitration of a products liability claim asserted exclusively against a pharmaceutical manufacturer.

Appellees, Emil J. Teuscher (Emil), by Delma Teuscher, his legal...

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