Fifth Circuit reverses $575k award, limits insurer liability after workplace overdose

After his prescribed opioid medications ran out, Bommarito attempted to manage his pain with over-the-counter medication. According to testimony, his mother, a retired nurse, tried to obtain an earlier appointment with a physician for him, but was unsuccessful. The day after her attempt, Bommarito died from an overdose of street fentanyl mixed with Xylazine, a drug not prescribed for human use. An autopsy revealed his blood contained more than six times the lethal dose of fentanyl. There was no evidence he had a history of illegal drug use prior to this incident. 

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