HRT Plaintiff: 'Special Circumstances' Foil Pharmacy's Intermediary Defense

BENTON, Ill. - A pharmacy named as a defendant in a hormone replacement therapy lawsuit cannot avoid liability for an Illinois woman's ovarian cancer merely by asserting the learned intermediary doctrine, plaintiffs are urging in a brief filed recently in Illinois. Cook v. Wyeth, et al., No. 06-781 (S.D. Ill.).

Plaintiff Myra Cook contends in a Dec. 19 opposition to Medicap Pharmacy's motion to dismiss her complaint in the U.S. District Court for the Southern District of Illinois that the pharmacy fails to mention in its motion that special circumstances sometimes justify the imposition of a duty to warn against …