Pretzel & Stouffer

Pharmacy Defeats Product Liability Claim

Richard Waris Richard Waris and Tom Draths obtained a complete dismissal for their pharmacy client, which was defending against claims of negligence and breach of implied warranty in relation to a product liability prescription drug case. The dismissal came as the customer was involved in a nationwide class action lawsuit regarding the side-effects of the specific medication. Mr. Waris and Mr. Draths successfully argued that the defendant-pharmacy could not be liable for fulfilling the customer’s prescription pursuant to the “learned intermediary rule.”

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