Supreme Court of Alabama
Alice Nail v. Publix Super Markets, Inc.
May 13, 20112011 Ala. LEXIS 69
Summary
The Alabama Supreme Court reversed the trial court’s summary‑judgment ruling and remanded, holding that the learned‑intermediary doctrine does not preclude Alice Nail’s claim that Publix failed to counsel her about a change in Coumadin dosage. The Court found a genuine issue of material fact as to whether the pharmacist actually provided counseling, so summary judgment was improper. Justice Murdock dissented, arguing that no duty existed for the pharmacist to warn the patient about dosage changes.