Fujisawa

Fujisawa v. Compass Vision, Inc.

Good Law

735 F. Supp. 2d 1171·2010 WL 3292933·2010 U.S. Dist. LEXIS 82847

United States District Court, Northern District of CaliforniaAugust 13, 2010C07-5642 BZ, C07-3431 BZ, C08-4118 BZ, C09-2016 BZCalifornia2,957 words

Opinion

Zimmerman, J.

ORDER DENYING DEFENDANTS NATIONAL MEDICAL SERVICES’ AND COMPASS VISION’S MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Dr. Laura Fujisawa was a licensed California pharmacist. As a result of substance abuse, she entered a rehabilitation program in an effort to maintain her license. She was eventually terminated from the program, principally because of the results of her tests for the presence of Ethyl Glucuronide (EtG) in her system. She then sued Compass Vision, Inc. (Compass) and National Medical Services, Inc. (National or NMS), for negligently implementing and administering EtG testing in California. They have now moved for summary judgment.

THE PHARMACY RECOVERY PROGRAM

The Board of Pharmacy (“the Board”) under the jurisdiction of the California Department of Consumer Affairs operates the Pharmacy Recovery Program (Program) pursuant to California Business and Professions Code § 4360 et seq. to rehabilitate pharmacists who have a history of drug or alcohol abuse. On July 1, 2003 the Board contracted with Maximus, Inc. to administer the Program. The contract required Maximus to provide a variety of body fluid tests to Program participants, but initially did not require Maximus to…

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