Judge Rules Plaintiff Failed to State Claim Against Pharmacy, Grants Motion to Dismiss

NEW ORLEANS-A federal judge granted a motion to dismiss claims asserted against a pharmacy in a Propulsid products liability case on grounds that the plaintiff could not state a claim upon which relief can be granted. In re: Propulsid Products Liability Litigation, MDL No. 1355 (E.D. La.).

U.S. District Judge Eldon E. Fallon's Aug. 29 order stated that the pharmacy was protected from liability under West Virginia state law since it did not change the manufacturer's original retail packaging.

Judge Fallon noted that West Virginia Code § 30-5-12 states that,'[a]ll persons, whether licensed pharmacists or not, shall be …