D.A.B. v. Brown

OPINION

SHORT, Judge.

This case arises out of a physician’s prescription for Protropin, a synthetic growth hormone drug. A putative class of patients and their parents sued the physician, drug manufacturer, and drug distributor for breach of fiduciary duty, conspiracy to breach that duty, common law fraud, negligent misrepresentation, and violation of the Minnesota Prevention of Consumer Fraud Act, Minn.Stat. §§ 325F.68-.70 (1996). On appeal from a dismissal with prejudice, the putative class argues: (1) physicians should be subject to the law of fiduciaries, and (2) their complaint alleges…