a) Issue of whether a pharmacist has a duty to warn of potential adverse effects of a prescription drug.
b) Child has ADHD and her psychologist sent her to a doctor in order to get a drug prescription. The pharmacists did not warn the plaintiff-mother of the possible adverse side effects. The child later developed some bumps, went to the hospital, where she was prescribed an antibiotic. The antibiotic, mixed with the ADHD drug, caused the child to go into a coma, and later die.
c) Plaintiff sued Wal-Mart (where got the presciption) and doctors.
d) Pharmacist’s Duty:
(1) If inaccurately fill a prescription, or mislabel a prescription, a pharmacist could be held liable for any harm to customer.
(2) HELD: The manufacturer has a duty to warn the doctor of drug’s side effects and doctor chooses the treatment. Physician has a duty to warn patient of side effects, but pharmacist does not.
(a) Pharmacist doesn’t have access to patient’s records and history, like the physician does. A physician is better able to warn the patient of possible side effects.
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