Utah Supreme Court hears argument over whether learned‑intermediary rule shields Walgreens in fatal drug‑interaction case

Summary

In oral argument, Walgreens said precedent shields pharmacies that fill FDA‑regulated prescriptions as written; the estate of Steven Jensen argued the pharmacy overrode a warning and sold a dangerous dosage that created a patient‑specific risk, and a jury should decide negligence. The court took the case under advisement.

The Utah Supreme Court on Jan. 30, 2019, heard arguments in Walgreens v. Jensen over whether the learned‑intermediary doctrine bars negligence claims against a pharmacy that filled a prescription later linked to a patient’s death.

Brad Strasburth, counsel for Walgreens, told the justices that under Scherer pharmacies are protected when they fill FDA‑regulated prescriptions as written and provide the required written warnings and an offer of counseling. "There is no duty to warn when the drug is written by a physician and it's an FDA regulated prescription," Strasburth said, arguing that Downing did not create a broader exception to that rule for FDA‑regulated drugs.

Chris Higley, counsel for the estate and heirs of Steven Jensen, said the facts here are different: a pharmacist saw a warning screen for a potentially deadly interaction at 7:31 p.m. on Jan. 30, 2019,…

Utah Supreme Court hears argument over whether learned‑intermediary rule shields Walgreens in fatal drug‑interaction case

Summary

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