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D.A.B. v. BROWN

No. C2-97-817.

570 N.W.2d 168 (1997)

D.A.B. et al., Appellants, v. David R. BROWN, Caremark, Inc., Genentech, Inc., Respondents.

Court of Appeals of Minnesota.

November 4, 1997.

Attorney(s) appearing for the Case

Richard M. Ihrig, Michael D.L. Olafson, Steven M. Pincus, Lindquist & Vennum, P.L.L.P., Minneapolis, for appellants.

Kay Nord Hunt, Phillip A. Cole, Mary I. King, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for respondent David R. Brown.

John W. Lundquist, Thompson, Lundquist & Sicoli, Ltd., Minneapolis, and Howard M. Pearl, Catherine W. Joyce, Winston & Strawn, Chicago, IL, for respondent Caremark, Inc.

Jeffrey J. Keyes, Jay W. Schlosser, Briggs & Morgan, P.A., Minneapolis, and Charles B. Sklarsky, Robert R. Stauffer, Jenner & Block, Chicago, IL, for respondent Genentech, Inc.

Considered and decided by SHORT, P.J., and CRIPPEN and WILLIS, JJ.

OPINION

SHORT, Judge.

This case arises out of a physician's prescription for Protropin, a synthetic growth hormone drug. A putative class of patients and their parents sued the physician, drug manufacturer, and drug distributor for breach of fiduciary duty, conspiracy to breach that duty, common law fraud, negligent misrepresentation, and violation of the Minnesota Prevention of Consumer Fraud Act, Minn.Stat. §§ 325F.68-.70 (1996). On appeal from...

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