Sanders v. DAKS: What an Alabama Pharmacy Dosing-Error Ruling Means for Patients Hurt by Compounding Mistakes

By Benjamin Schoettker | J.D. | Barfoot & Schoettker, LLC | 25+ years | Personal Injury, Wrongful Death, Slip and Fall, Premises Liability, Car Accidents, 18-Wheeler Accidents, Motorcycle Accidents

Published: 2026-10-13 | Last updated: 2026-10-13

TL;DR: The Alabama Supreme Court recently let stand a multimillion-dollar judgment against an Alabama compounding pharmacy in Sanders v. DAKS, a case stemming from a prescription that was reportedly mixed at roughly 1,000 times the intended dose.

The Alabama Supreme Court recently let stand a multimillion-dollar judgment against an Alabama compounding pharmacy in Sanders v. DAKS, a case stemming from a prescription that was reportedly mixed at roughly 1,000 times the intended dose. Compounding pharmacies — the ones that mix custom medications a standard retail pharmacy can't fill — operate under a duty of care that tracks closely with any other medical provider. When a dosing error reaches a patient, the harm can be immediate and severe, and the pharmacy itself can be held responsible for the resulting injuries.

What makes Sanders worth paying attention to is not just the dosing error, but what happened on the insurance side. The pharmacy's policy contained a professional-services exclusion, and that exclusion knocked out coverage for the very conduct the lawsuit was about. Ultimately, the judgment sits on the business itself rather than an insurer standing behind it. This is a trap we see more often than people realize in Alabama small-business and pharmacy policies — an exclusion buried deep in the policy language can quietly swallow the coverage a business owner thought they were paying for.

Why does any of this matter to an Alabama patient who was hurt by a prescription error? Because the assumption that 'they must have insurance for that' is not always correct, and it changes how an injured family has to think about the case. While a judgment on paper is a win, collecting on it from a business — rather than from an insurer with deep pockets — is a different exercise entirely. It is important to recognize that in Alabama, the plaintiff's own conduct matters too: our state still follows contributory negligence, which can bar recovery if the injured person is even slightly at fault. That is why the facts of how the prescription was filled, dispensed, and taken all get scrutinized closely.

If you or a family member was hurt by a compounded or mis-dosed prescription, the practical steps are the same ones that preserve any Alabama personal injury claim. Save the bottle, the label, and the paperwork. Get the medical records that document the harm. And talk to a lawyer before the pharmacy's insurer — or its lawyers — start asking you to sign anything. The window to investigate a pharmacy error is short, and the evidence has a way of disappearing once the business realizes what is at stake.

“A professional-services exclusion in a pharmacy's own policy can leave an injured family chasing the business directly, not an insurer. That is a trap Alabama patients rarely see coming until the judgment is already in hand.” — Benjamin Schoettker, Partner at Barfoot & Schoettker, LLC

Frequently Asked Questions

Can I sue an Alabama pharmacy for a compounding or dosing error?

Yes. Alabama law allows an injured patient to pursue a pharmacy for negligence when a dosing or compounding error causes harm. The facts of how the prescription was mixed, labeled, and dispensed will drive the case, and contributory negligence can affect recovery.

What should I do first if I think a prescription was mixed wrong?

Keep the bottle, label, and any paperwork, and get prompt medical care documenting the harm. Do not sign anything from the pharmacy or its insurer before talking with an attorney, because early statements can affect the claim later.

Hurt by a Prescription or Compounding Error in Alabama?

If you or a loved one was injured by a mis-dosed or compounded prescription in central Alabama, Barfoot & Schoettker, LLC is available at (334) 834-3444 for a free consultation. We will review the facts, the paperwork, and the pharmacy's conduct — and help you understand what options may exist under Alabama law.

Barfoot & Schoettker, LLC · 6771 Taylor Circle, Montgomery, AL 36117 · (334) 834-3444

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