Nichols v. Central Merchandise, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• alleging that pharmacy negligently dispensed to pregnant plaintiff prescription that caused bone abnormalities in subsequently born child
• concluding a pharmacist was protected under the learned intermediary rule because, among other things, “[t]here were no clear errors on the face of the prescription”
• affirming trial court’s grant of summary judgment based on pharmacist’s lack of duty to warn plaintiff of potential side effects of drug prescribed by plaintiffs treating physician
• Under learned intermediary doctrine adopted by Kansas courts, pharmacy and its pharmacist owed no duty to warn customer of potential side effects of drug prescribed by pregnant patient's treating physician.
• doctor as learned intermediary, not pharmacist, has legal duty to warn the patient of potential consequences of a drug prescribed by the doctor
• Under learned intermediary doctrine adopted by Kansas courts, pharmacy and its pharmacist owed no duty to warn customer of potential side effects of drug prescribed by pregnant patient's treating physician

Source: CourtListener parenthetical corpus (CC0).