Maine Judge Finds Pharmacy May Have Duty to Warn

PORTLAND, Maine - A pharmacy that allegedly provided some warnings to a patient when dispensing Zyprexa may be liable for inadequate warnings, a federal judge ruled March 18. Tardy, et al. v. Eli Lilly & Co., et al. No. 04-00011 (D. Maine).

In granting plaintiffs' motion to remand, U.S. District Judge Brock Hornby rejected Eli Lilly's argument that Danny and Diane Tardy could have no basis for a claim against their local pharmacy.

The Tardys claim that their son's use of Zyprexa caused him to sustain injuries that led to his June 29, 2002, death. They have asserted claims …