Joe, who is a pharmacist and the owner of Pillum Pharmacy, dispensed codeine and lorazepam…

Joe, who is a pharmacist and the owner of Pillum Pharmacy,

dispensed codeine and lorazepam prescriptions to George for over 10

years. The prescriber authorized all the prescriptions dispensed by

Pillum. As a result of taking the two drugs in combination for such
an

extended period of time, George required in-patient hospitalization
for

detoxification and psychiatric treatment for addiction. He also
suffered

from major clinical depression and related disorders. Subsequently,

George sued Joe, Pillum, and the prescriber. Joe and Pillum filed a

motion to dismiss for failure to state a
View complete question »Joe, who is a pharmacist and the owner of Pillum Pharmacy,

dispensed codeine and lorazepam prescriptions to George for over 10

years. The prescriber authorized all the prescriptions dispensed by

Pillum. As a result of taking the two drugs in combination for such
an

extended period of time, George required in-patient hospitalization
for

detoxification and psychiatric treatment for addiction. He also
suffered

from major clinical depression and related disorders. Subsequently,

George sued Joe, Pillum, and the prescriber. Joe and Pillum filed a

motion to dismiss for failure to state a claim upon which relief
could be

granted. The defendants argued that, as a matter of law, a
pharmacist

has neither a duty to warn of a prescribed drugs dangerous

propensities nor a duty to control or keep track of a customers
reliance

on drugs prescribed by a licensed treating physician.

a. Discuss who should prevail in this case. Should a pharmacist have
a duty to warn a

patient of a drugs adverse effects and monitor a patients drug
therapy? (Contrast the

traditional approach of the courts on this issue with the emerging
trend.) What arguments

can be made either way?

b. Assuming that the court concludes that pharmacists have a duty to
warn and monitor,

would a reasonable pharmacist have warned a patient of the potential
dangers of longterm treatment with these two drugs?

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