Judge Rules Pharmacy Defendants Had No Duty to Warn or Alter Prescription for Baycol

MINNEAPOLIS - A pharmacy and its employee were dismissed from a Baycol products liability case after a federal judge found that the pharmacist who dispensed the drug had no duty to warn of the drug's side effects, and could not alter the prescription for a generic equivalent because none existed at the time. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn.).

In a Dec. 18, 2003 order denying the plaintiffs' motion to remand, U.S. District Judge Michael J. Davis also ruled that the pharmacy defendants were fraudulently joined because South Carolina 'would likely adopt' the learned intermediary …