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Tennessee Pharmacy Can’t Use Product Liability Defense

April 6, 2020, 6:24 PM

Tennessee’s products liability “seller shield” law doesn’t apply in a health-care liability action alleging pharmacies failed to warn a patient about the side effects of a particular drug, a state appeals court said.

The trial court properly found that the Health Care Liability Act governed the plaintff’s suit, the Tennessee Court of Appeals said April 3. The health-care act applies broadly to any claim that a health-care provider allegedly caused or failed to prevent an injury related to the provision of health-care services, the court said.

Additionally, because the pharmacies conceded that this lawsuit was filed under the health care...

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