Federal Court Dismisses Suit Against Pharmacy for Lack of Causation

PHILADELPHIA - A widow suing a pharmacy over its warnings and storage of medication provided no evidence that either harmed her late husband, a federal court said in granting summary judgment to the pharmacy and its supplier. LoBianco v. Eckerd Corp., No. 03-145 (E.D. Pa.).

Vivian LoBianco contended that Eckerd Corp. negligently failed to refrigerate Emcyt chemotherapy drug prior to giving it to her late husband, Joseph, for treatment of his prostrate cancer, and didn't warn Joseph that the drug would lose its efficacy if not refrigerated.

Joseph LoBianco had initiated the lawsuit against Eckerd, which joined its supplier, …