Monday, September 12, 2005

Walgreens Defendant in Vioxx

From the Madison County, IL news:

At least one Plaintiff has named Walgreens in its Complaint. Now the company wants to be dismissed. The alelgations against Walgreens is negligence because it sold a defective product and breach of warranty.

Walgreens asserts that both state and federal courts in Illinois have held pharmacists and pharmacies are not strictly liable under product liability theories of failure to warn or the “unreasonably dangerous” condition of prescription medication if the medicine in question is dispensed as ordered by the prescribing physician.

An Order is expected soon.

My comment: Should the pharmacy be named in the Complaints? Wouldn't the testimony of a pharmacist help in some form?