Knoxville medical malpractice cases and product liability lawsuits are typically quite different – different theories of liability, different possible defendants, and different possible damages. It is rare that these two types of cases get “mixed up” or combined into a single lawsuit. However, there are a few exceptions to this general rule. A recent case explores a scenario in which the parties disagreed about the ultimate nature of a lawsuit – and, hence, possible defenses to the plaintiff’s claims – against a doctor, a pharmacy, and some others resulting from an allegedly dangerous prescription medication taken by the plaintiff.
Facts of the Case
The primarily plaintiff in a recent appellate case was a man who was prescribed a certain medication for his diabetes in 2014. The following summer, the Food and Drug Administration issued a risk evaluation and mitigation strategy to warn of the risk of acute pancreatitis for those using the medication. According to the complaint filed by the plaintiff (joined by his wife), he was not warned of this risk by any of the defendants (a doctor, two medical groups, a home delivery pharmacy, and others). The plaintiff was later diagnosed with acute pancreatitis, sepsis, and acute respiratory failure; additional hospitalizations followed, as did a fall that occurred when the plaintiff was in a weakened physical state and which resulted in a severe traumatic brain injury.
The plaintiff’s lawsuit, filed in the Knox County Circuit Court, alleged that he had been damaged as a result of the acute pancreatitis and a subsequent traumatic brain injury caused by his use of the prescription medication and his medical providers’ failure to appropriately “prescribe, counsel, provide, utilize, and/or discontinue this medication.” The plaintiff alleged claims of both strict liability and simple negligence against the manufacturer of the medication; he also asserted health care liability claims against the other defendants. The home delivery pharmacy filed a motion to dismiss the plaintiff’s complaint based upon the “seller shield statute” of the Tennessee Product Liability Act, codified at Tennessee Code Annotated § 29-28-106. The trial court denied the motion.