Supreme Court Affirms Decision to Extend Learned Intermediary Doctrine to Compounding Pharmacy

SALT LAKE CITY, Utah - The Utah Supreme Court upheld a trial court's decision to award summary judgment to a pharmacy that developed a one-a-day version of the combination weight loss drugs fenfluramine and phentermine on the ground that a woman who suffered two damaged heart valves could not recover damages based on her claim for strict products liability. Jeanne Schaerrer v. Stewart's Plaza Pharmacy, Inc., et al., No. 20010471 (Utah Sup. Ct.).

The high court's Oct. 21 ruling stated that the pharmacy was exempt from claims of strict products liability because it was protected by the learned intermediary doctrine …