Walgreen v. Jensen
Walgreen v. Jensen, 2025 UT 41 (Petersen, J.)
Civil Procedure/Negligence
The Utah Supreme Court held:
- The district court correctly denied Walgreens’ motion for summary judgment on the basis of the “learned intermediary rule.”
- Practice tip: While the learned intermediary rule exempts pharmacists from the duty to warn patients of the general risks and side effects of FDA-approved drugs, it does not alter the pharmacist’s general duty of care to a patient when the pharmacist knows of (1) a patient-specific risk with respect to a prescribed medication,( 2) the drug is not FDA-approved, or (3) when the prescription has an error apparent on its face.