Judge Rules Pharmacy May Be Liable for Redhibitory and Affirmative Misrepresentation Claims in Propulsid Case

NEW ORLEANS-A federal judge ruled that pursuant to Lousiana state law a pharmacy may be found liable for redhibitory and affirmative misrepresentation claims in a Propulsid products liability case. In re: Propulsid Products Liability Litigation, MDL No. 1355 (E.D. La.).

In a Aug. 23 order, U.S. District Judge Eldon E. Fallon concurred with the plaintiff's allegations, which stated the pharmacy had voluntarily assumed a duty of care regarding the explanation of the drug's side effects and that the pharmacy should have known the drug was defective. Judge Fallon's decision applies to consolidated civil action No. 01-600, Janet Beo v. Stephanie …