The Appellate Group

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.  

Read the full court opinion