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DOWNING v. HYLAND PHARMACY

No. 20060771.

194 P.3d 944 (2008)

2008 UT 65

Steven DOWNING, Plaintiff and Appellant, v. HYLAND PHARMACY dba United Drug Hyland Pharmacy, Defendant and Appellee.

Supreme Court of Utah.

September 16, 2008.

Attorney(s) appearing for the Case

D. David Lambert, Leslie W. Slaugh, Provo, for plaintiff.

Jesse C. Trentadue, Kevin D. Swenson, Salt Lake City, for defendant.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This appeal raises two related questions: (1) whether a pharmacy may be held liable in negligence for continuing to fill prescriptions for a drug that has been withdrawn from the market by the Food and Drug Administration (FDA) and/or the manufacturer; and (2) whether a pharmacy may be held liable in negligence for failing to warn the patient of the drug's status. The district court granted summary judgment to...

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