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COTTAM v. CVS PHARMACY

436 Mass. 316 (2002)

ROBERT L. COTTAM v. CVS PHARMACY.

Supreme Judicial Court of Massachusetts, Middlesex.

March 14, 2002.

Attorney(s) appearing for the Case

Kenneth A. Cohen (U. Gwyn Williams with him) for the defendant.

Ned C. Lofton for the plaintiff.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

We address the issue whether a pharmacy has a duty to warn its customers of the potential side effects of the prescription drugs it dispenses. The plaintiff, Robert L. Cottam, suffered permanent injury when he failed to seek timely medical attention for a side effect he experienced after taking the prescription drug Trazodone. He had obtained the drug at a CVS Pharmacy (CVS). Cottam filed a complaint in the Superior Court alleging that CVS was negligent...

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