Despite the Florida Supreme Court’s ruling in McLoed v. W.S. Morrell that a retail druggist who fills a lawful prescription of a medical doctor with an unadulterated compound cannot be held strictly liable for breach of implied warranty, an intermediate appellate court held, on June 1, 2005, that a pharmacist could be held liable for his or her negligence, such as the failure to warn customers of the risks inherent in filling certain repeated prescriptions. Powers v. Thobani, No. 4D04-2061, 2005 Fla. App. LEXIS 8384 (Fla. 4th DCA June 1, 2005). [Citing, e.g., Dee v. Wal-Mart, 878 So.2d 426, 427 (Fla. 1st DCA 2004); Riff v. Morgan Pharmacy, 353 Pa.Super. 21, 508 A.2d 1247 (1986); Pittman v. Upjohn Co., 890 S.W.2d 425, 434 (Tenn. 1994).
[But see: Estate of Sharp v. Omnicare, Inc., 879 So.2d 34, 35 (Fla. 5th DCA 2004); Morgan v. Wal-Mart, 30 S.W.3d 455, 466-469 (Tex. Ct. App. 2000).]