HAPPEL v. WAL-MART STORES, INC.

No. 90482.

766 N.E.2d 1118 (2002)

199 Ill.2d 179

262 Ill.Dec. 815

Heidi HAPPEL et al., Appellees, v. WAL-MART STORES, INC., d/b/a Wal-Mart Pharmacy, Appellant.

Supreme Court of Illinois.

March 21, 2002.


Attorney(s) appearing for the Case

James F. McCluskey, Mark W. Monroe, James P. Marsh, of Momkus, Ozog & McCluskey L.L.C., Downers Grove, for appellant.

Kenneth C. Chessick, John W. Fisk, Patricia E. Raymond, Joan R. Stohl, Schaumburg, for appellees.

S. Lawrence Kocot, Don L. Bell II, Alexandria, Virginia, for amicus curiae National Association of Chain Drug Stores, Inc.

John F. Atkinson, Dale J. Atkinson, Julia C. Works, Evanston, for amicus curiae National Associations of Boards of Pharmacy.


Justice MCMORROW delivered the opinion of the court:

The central issue in this appeal is whether a pharmacy has a duty to warn about a known drug contraindication1 where the pharmacy is aware of a customer's drug allergies and knows that the medication prescribed by the customer's physician is contraindicated for a person with those allergies. Plaintiff Heidi Happel, who is allergic to aspirin, ibuprofen, and acetaminophen, experienced...

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