A recent ruling by the Utah Supreme Court may redefine pharmacists’ liability to patients when dispensing drugs that have been withdrawn from the market. The case is one of first impression and may have a nationwide effect on patients’ rights.

Patient suffers heart damage

The case stems from a 2004 lawsuit filed by Steve Downing who suffered damage to his heart valves after taking the appetite suppressant / diet drug Fen-phen – which is a drug “cocktail” consisting of fenfluramine and phentermine. Downing began taking the drug in 1996, but the U.S. Food and Drug Administration (FDA) asked the drug’s manufacturer to withdraw the drug from the market in 1997 after receiving reports of valvular heart disease and pulmonary hypertension in those patients who used the drug for long periods of time. Unfortunately, Downing’s pharmacist, the Hyland Pharmacy in Salt Lake City, kept prescribing Fen-phen to him until 2000. By then, his heart had already been damaged and he sued the pharmacy for negligence.

Court rules that pharmacists may be liable

Although the case turbulently made its way through the Utah court system, the Utah Supreme Court recently ruled that a pharmacy can be found negligent if they continue to dispense drugs that have been withdrawn from the market. According to Chief Justice Christine Durham, "Pharmacists under such circumstances owe their customers a duty of reasonable care."

The case was sent back to the trial court for additional proceedings, but the Utah Supreme Court ruling is significant in that this issue has not been decided anywhere else in the nation. As such, it will likely create a standard of care that pharmacists must adhere to and may open up an entirely new area of liability concerning the dispensing of withdrawn drugs.

As this case demonstrates, only an experienced personal injury attorney will be able to look at your situation and determine who might be responsible for your injuries. Consultations are free, without obligation and are strictly confidential.