STORY FROM: Drugs & Medical Devices

Learned Intermediary Doctrine Shields Pharmacy in Painkiller Overdose Case, Okla. Court Rules

OKLAHOMA CITY — The learned intermediary act shields a pharmacy from liability from claims asserted in a painkiller overdose action, an Oklahoma appellate court has ruled in an issue of first impression, explaining that pharmacists are not required to “second guess” a doctor’s medical decisions.

However, in the Oct. 20 ruling, the Oklahoma Court of Appeals, Division II, remanded the action with instructions that the plaintiff be allowed to amend her complaint to state a recognized duty by the pharmacy.

Barton Ray Carista died from an overdose of painkillers prescribed by a physician. His sister sued the dispensing pharmacy, Westminster ...

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Pierce Couch Hendrickson Baysinger & Green
Van Meter Law Firm

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