Judge Grants Pharmacy's Motion to Dismiss;
Says Plaintiff Has No Cause of Action in Baycol Case

MINNEAPOLIS-A retail pharmacy was dismissed from a Baycol products liability case when a federal judge decided the establishment could not be found liable for injuries resulting from a defective drug in accordance with Florida law. In re: Baycol Products Liability, MDL No. 1431 (D. Minn.)

U.S. District Judge Michael J. Davis of the U.S. District Court for the District of Minnesota ruled the pharmacy is protected from claims of strict liability and negligence under the principles of McCleod v. W.S. Merrell Company, 174 So.2d 736 (Fla. 1965). Judge Davis also decided the plaintiff failed to state a cause of action …