Aaron Carter Wrongful Death Lawsuit Scaled Back
Here’s a breakdown of the key information from the provided text, focusing on the circumstances surrounding Aaron Carter’s death and the legal arguments presented:
Key Findings from the Autopsy Report:
* Difluoroethane: Found in Carter’s system, this gas is a propellant in air spray cleaners for electronics. It can induce euphoria when inhaled (“huffing”).
* Xanax: Present in Carter’s system at a “therapeutic” level (meaning a normal dose for medical use).
* canisters of Computer Cleaner: Multiple canisters were found in his bedroom and bathroom.
Walgreens‘ Legal Argument (Seeking to Dismiss the Lawsuit):
* No Causation: The amount of Xanax found was not an overdose and didn’t contribute to his death. It didn’t cause him to lose consciousness or drown.
* Huffing as the Cause: Walgreens argues Carter died from “huffing” difluoroethane, not from the Xanax.
* Proper Prescription & Dispensing: The Walgreens pharmacist verified the Xanax prescription with the doctor (Dr. Faber) and checked the prescription monitoring database each time it was dispensed.
* illegally Obtained Xanax: A bottle of Xanax found at the scene was prescribed to someone else, suggesting he may have obtained medication outside of his prescription.
Dr. Faber’s Support of walgreens’ Argument:
* Therapeutic Xanax Level: His expert review of the autopsy report also found the Xanax level to be within the therapeutic range.
* difluoroethane as the Primary Factor: The inhalation of difluoroethane was sufficient to cause central nervous system depression and ultimately, drowning.
In essence, the defense (Walgreens) is arguing that Carter’s death was a result of his own actions (huffing) and that the Xanax, properly prescribed and dispensed, played no role in his death.