SALT LAKE CITY (CN) - A Utah pharmacy can be held liable for continuing to fill prescriptions for fen-phen after the weight-loss drug had been withdrawn from the market by the Food and Drug Administration, the Utah Supreme Court ruled.
The high court reversed summary judgment for Hyland Pharmacy, ruling that Schaerrer v. Stewart's Plaza Pharmacy does not preclude Steven Downing from claiming the pharmacy negligently filled his prescription after the FDA and manufacturer Wyeth-Ayerst withdrew the appetite suppressant.
"A pharmacist owes the consumer a duty of reasonable care with respect to the sale of drugs not authorized for sale by the FDA or the manufacturer," Chief Justice Durham wrote.
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