Legal Opinion

Urbaniak v. American Drug Stores, LLC.

Appellate Court of Illinois

Decided March 25, 2019No. 1-18-0248UnpublishedCited by 1 opinion

1Opinion of the CourtJustice Griffin

*475 ¶ 1 The learned intermediary doctrine is a fundamental tenet of pharmacological and negligence law in America. The doctrine generally absolves pharmacies and pharmaceutical companies from liability for failing to warn a patient about the potential side effects of prescription drugs. The logic behind the doctrine is to put the burden on the prescribing physician-a learned intermediary-to know the drug's side effects and any of the patient's relevant conditions before prescribing the drug.

¶ 2 In this case, a patient was prescribed and took a drug called Reglan for six years and developed…

2Cases cited14 opinions

  1. Kirk v. Michael Reese Hospital & Medical CenterIllinois Supreme Court · 1987
  2. Happel v. Wal-Mart Stores, Inc.Illinois Supreme Court · 2002
  3. Frye v. Medicare-Glaser Corp.Illinois Supreme Court · 1992
  4. Happel v. Walmart Stores, Inc.Court of Appeals for the Seventh Circuit · 2010
  5. Eldridge v. Eli Lilly & Co.Appellate Court of Illinois · 1985

9 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Urbaniak v. American Drug Stores, LLC.Appellate Court of Illinois · 2019

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