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Hernandez v. Walgreen Company, 2015 IL App (1st) 142990

May 4, 2015

Physician issued decedent several methadone prescriptions over 18-month period, which decedent filled at 2 pharmacies.  Decedent died, allegedly from methadone intoxication. Court properly dismissed Plaintiff’s claims against pharmacies, based on lack of a recognized duty owed by defendant pharmacies. Duty to monitor a patient’s prescription history for “excessive” amounts of controlled substance cannot be inferred by provisions of Illinois Controlled Substances Act. Under the learned intermediary doctrine, pharmacies do not have duty to monitor a patient, make medical judgments, convey warnings to prescribing physician or decedent, or otherwise interject itself in physician-patient relationship.

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