SALIER v. WALMART, INC.

No. 22-2960.

76 F.4th 796 (2023)

William SALIER; Karla Salier, Plaintiffs-Appellants v. WALMART, INC.; Hy-Vee, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Norman A. Pattis , of New Haven, CT.

Counsel who presented argument on behalf of the appellee Hy-Vee, Inc. and appeared on the brief of appellee Hy-Vee Inc. was Andrew B. Brantingham , of Minneapolis, MN. The following attorney(s) appeared on the appellee Hy-Vee Inc. brief; Stephen P. Lucke , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee Walmart, Inc. and appeared on the brief of appellee Walmart, Inc. was Matthew J. Rubenstein , of Minneapolis, MN. The following attorney(s) appeared on the appellee Walmart Inc. brief; Kristin Kate Zinsmaster , of Minneapolis, MN.

Before LOKEN, ERICKSON, and KOBES, Circuit Judges.


As the COVID-19 pandemic swept the nation, those infected with the virus, which in many cases proved fatal, searched for new pharmaceutical treatments. A few physicians began prescribing the "off-label" use of ivermectin, an anti-parasitic agent that is FDA-approved for treating intestinal conditions caused by parasitic worms...

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