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BELL v. LOLLAR

No. 22A01-0212-CV-475.

791 N.E.2d 849 (2003)

Edward BELL, M.D., McNeilar, Inc., Walgreens Company, Purepac Pharmaceutical, Co., Appellants-Defendants, v. Hirshell Lee LOLLAR, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 17, 2003.

Attorney(s) appearing for the Case

Laurie Goetz Kemp, Elizabeth Ullmer Mendel, Alice Barns Herrington, Woodward Hobson & Fulton, LLP, Louisville, KN, Attorneys for Appellant Purepac Pharmaceutical Co.

Jeffrey T. Sampson, Sampson, Smith & Slechter, PLLC, Gary Becker, Kevin Renfro, Becker Law Office, Louisville, KN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Purepac Pharmaceutical Company (Purepac) appeals the trial court's denial of its motion for summary judgment. Specifically, Purepac contends that Hirshel Lollar's state law claim for failure to warn about the risk of liver damage from combining acetaminophen and alcohol is preempted by federal law governing the labeling of drugs. Because the Food and Drug Administration's (FDA) regulations governing the labeling...

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