Court Watch - Tuesday, November 4, 2008 12:24 - 0 Comments

Pharmacy may be liable for failure to warn

The Utah Supreme Court has ruled that a pharmacy may be held liable for failing to warn a patient that a drug had been withdrawn from the market by the FDA. The court said the “learned intermediary” doctrine does not shield the pharmacy. In the case before the high court the patient sued the pharmacy for negligently filling his prescription for fen-phen and failing to remove the product from its shelves or warn him that the drug had been withdrawn from the market by the FDA and the manufacturer. The pharmacy argued that the learned intermediary doctrine should apply.

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