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Utah high court limits learned intermediary rule in pharmacy cases.

Publication: Trial
Publication Date: 01-DEC-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Acknowledging recent decisions concluding that the learned intermediary rule has "limits or exceptions" in negligence cases, the Utah Supreme Court ruled that a pharmacy may be liable for continuing to fill a prescription for a diet drug after it was withdrawn from the market by both the FDA and its manufacturer. (Downing v. Hyland Pharm., 2008 WL 4204397 (Utah Sept. 16, 2008).)

Plaintiff Steven Downing was prescribed fenfluramine, also called Pondimin, by his doctor in 1996. The...

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