Pharmacies Not Liable for Failure to Warn Patient of Excessive Quantities of Drug, Ill. Appeals Court Rules

CHICAGO — An Illinois appellate court has upheld an award of summary judgment to two pharmacies accused of causing a patient’s death by failing to warn him that his methadone prescription was excessive, explaining that under state law, druggists generally have no such duty to warn.

On Dec. 28, the Illinois Court of Appeals, 1st Division, held that although the pharmacies had access to the decedent’s prescription history, the state Controlled Substance Act did not require them to monitor the decedent’s history to detect abnormally large or frequent prescriptions.

Gilbert Hernandez was treated by Dr. Rebecca C. Preston for chronic …