Chamblin v. K-Mart Corp.

Mikell, Judge.

Jimmy and Jan Chamblin filed the underlying action against K-Mart Corporation (“K-Mart”) after Jan Chamblin had an extreme allergic reaction to a prescription filled at a K-Mart pharmacy. Jan Chamblin alleged that the pharmacist failed to warn her of the potential side effects of the drug in violation of the appropriate standard of care. The trial court granted summary judgment to K-Mart based on its conclusion that the “learned intermediary” doctrine barred any recovery against the pharmacy. The trial court denied the Chamblins’ motion for partial summary judgment on the issue…