Fentanyl Patch Case Remanded; Pharmacy Exempt from Liability

CHARLESTON, W.Va. - A fentanyl patch wrongful death case has been remanded to state court by a West Virginia federal judge, who found that the lone West Virginia defendant, a pharmacy, is shielded from liability by the learned intermediary doctrine. Vagenos v. ALZA Corp., et al., No. 1:09-1523 (S.D. W.Va.).

In a July 23 order, Judge David A. Faber of the U.S. District Court for the Southern District of West Virginia also allowed the plaintiff to add the prescribing physician as a defendant.

In November 2009, Bryan Vagenos filed a wrongful death action in the McDowell County (W. Va.) Circuit …