W.Va. Rule Expanding Liability of Pharmacists Cannot be Applied Retroactively

NEW YORK - A federal judge last month dismissed Rite Aid Pharmacy from a Rezulin injury case, finding that a 2002 West Virginia rule imposing additional warning duties on pharmacists can't be applied retroactively. In re: Rezulin Products Liability Litigation, MDL No. 1348 (S.D.N.Y.).

U.S. District Judge Lewis Kaplan ruled on March 16 that because the law affects substantive rights as opposed to procedures, it could not be applied retroactively. The law requires pharmacists to counsel customers before filling prescriptions.

Plaintiffs Donald and Karen Halpenny asserted claims against Rezulin manufacturers Warner-Lambert, Pfizer and Parke Davis, as well as the Rite …