STORY FROM: Drugs & Medical Devices

‘Seller Shield’ Defense Does Not Apply to Health Care Liability Act Claims, Tenn. Court Affirms

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 ...

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