Products Liability Law Reporter

Doe, a 3-year-old boy on the autism spectrum, underwent a procedure to treat a duct obstruction in his left eye. After the procedure, he was prescribed fluticasone nasal spray, which was filled at a Walmart pharmacy. The manufacturer of the spray, Apotex Corp., later issued a voluntary recall of one lot of fluticasone spray because it contained small glass particles. Doe, who experienced persistent nosebleeds after using the spray, required treatment at a hospital emergency room. His mother was advised that fluticasone spray could be the cause.

Doe required a nasal endoscopy with septal cautery to treat the nosebleeds.

Doe’s mother, individually and on his behalf, sued Apotex Corp., Apotex, Inc., and Walmart Inc., alleging breach of the Alabama extended manufacturer liability doctrine, negligence, wantonness, and breach of the implied warranty of merchantability.

The plaintiffs and defendants reached a settlement in the case for an undisclosed amount.

Citation: Robinson v. Apotex Corp., No. 01-CV-2019-904974 (Ala. Cir. Ct. Jefferson Cty. Sept. 9, 2021).

Plaintiff counsel: Andrew R. Salser, Birmingham, Ala.