Urbaniak v. American Drug Stores, LLC.
Appellate Court of Illinois
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
- Kirk v. Michael Reese Hospital & Medical CenterIllinois Supreme Court · 1987
- Happel v. Wal-Mart Stores, Inc.Illinois Supreme Court · 2002
- Frye v. Medicare-Glaser Corp.Illinois Supreme Court · 1992
- Happel v. Walmart Stores, Inc.Court of Appeals for the Seventh Circuit · 2010
- Eldridge v. Eli Lilly & Co.Appellate Court of Illinois · 1985
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3Cited by1 opinion
- Urbaniak v. American Drug Stores, LLC.Appellate Court of Illinois · 2019