Larkin v. Pfizer, Inc.
Kentucky Supreme Court
153 S.W.3d 758 (2004)
- Written by Mary Phelan D'Isa, JD
Facts
Patient Larkin (plaintiff) developed Stevens-Johnson syndrome and toxic epidermal necrolysis while taking two prescription drugs manufactured by Pfizer, Inc., and another drug manufacturer (defendants). Larkin sued the drug manufacturers in a federal district court and alleged, among other things, that the manufacturers had a duty to warn Larkin of the drugs’ risks even though the manufacturers had informed the prescribing physician of those risks. The district court granted summary judgment to the drug manufacturers. The United States Court of Appeals for the Sixth Circuit certified to the Kentucky Supreme Court the following question: “Whether the learned intermediary doctrine should apply in Kentucky to a case involving an allegation that a manufacturer or a prescription drug failed to warn the ultimate consumer of risks associated with that drug, even though the manufacturer informed the prescribing physician of those risks?”
Rule of Law
Issue
Holding and Reasoning (Cooper, J.)
Dissent (Wintersheimer, J.)
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