The plaintiff, Stephan Urbaniak,was prescribed and took a drug called Reglan for six years. He developed severe movement disorders. The prescribing physician, Dr. John Ross, admits that he was unaware of the risk of developing these movement disorders from long-term use of this prescription drug.
By operation of the “learned intermediary doctrine,” the pharmacy cannot be held liable for choosing not to verbally warn the plaintiff or his physician about the medical risks associated with long-term use of Reglan.
There is no specific reason that the pharmacy could have known about that, which would have made plaintiff specifically someone who could not be treated with Reglan longer than 12 weeks.
Accordingly, the Illinois Appellate Court affirmed the dismissal of the lawsuit against the pharmacy and physician.