STORY FROM: Drugs & Medical Devices
‘Seller Shield’ Defense Does Not Apply to Health Care Liability Act Claims, Tenn. Court Affirms
April 8, 2020
KNOXVILLE, Tenn. — The “seller shield” provision of the Tennessee Products Liability Act (TPLA) does not protect a pharmacy from claims asserted under the Tennessee Health Care Liability Act (THCLA), a state appeals court has ruled in a Victoza injury action.
In an April 3 opinion, the Tennessee Court of Appeals ruled that the defense is inapplicable to claims made under the THCLA; rather, it only applies to TPLA claims.
Dr. Catherine Mathes of the Tennessee Center for Internal Medicine prescribed Charles Heaton Victoza to treat his type 2 diabetes in July 2014. His prescription was filled by Cigna Home ...