Kerns v. Hoppe

Walter Kerns, suffering intense knee pain from motorcycle accidents, was prescribed rotating narcotic painkillers by his treating providers (defendants) to try to avoid single-drug addiction; when they eventually diagnosed him with OxyContin addiction, they required him to sign a document acknowledging that obtaining multiple prescriptions from other providers was illegal and dangerous, and promising not to seek narcotics elsewhere. Kerns nonetheless obtained additional prescriptions from other doctors and died in his sleep from methadone intoxication; his widow, Stephanie Kerns (plaintiff), sued the providers and pharmacies, and the defendants moved for summary judgment, arguing Kerns assumed the risk of his death by abusing his prescribed drugs. The trial court granted the motion, and Stephanie appealed.