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Areas of Expertise :
Pharmacy, Pharmacology, Medical Toxicology, Toxicology, Psychopharmacology, Pain Management, Healthcare, Wrongful Death

Published Date:
Last Modified Date:
Jurisdiction:
Utah State
Jensen v. Walgreen Co., 2025 UT 41 (Utah Oct. 2, 2025), involved a pharmacy negligence and wrongful death lawsuit following the death of Steven Jensen from oxycodone and clonazepam toxicity. Jensen had been taking oxycodone for severe chronic pain when his physician prescribed clonazepam to treat anxiety and depression. On January 30, 2019, Jensen filled the new prescription at a Walgreens pharmacy, where an electronic warning identified a potentially severe interaction between the medications. The pharmacist manually overrode the alert and dispensed clonazepam without contacting the prescribing physician. Jensen died less than 36 hours later. His wife, parents, and estate brought negligence claims against Walgreens, alleging that the pharmacist failed to exercise reasonable professional care, including providing an adequate warning about the drug interaction. Walgreens disputed its responsibility to warn Jensen, relying on the learned intermediary rule, which generally assigns responsibility for explaining the ordinary risks of prescription medications to the prescribing physician.
On October 2, 2025, the Utah Supreme Court unanimously affirmed the denial of Walgreens' motion for summary judgment. The court determined that the learned intermediary rule did not exempt the pharmacist from the general duty of reasonable professional care when the pharmacist had information about a medication risk specific to Jensen. The justices also found that factual disputes prevented summary judgment on causation. The case was remanded to the Utah Third District Court in Salt Lake County for further proceedings without a final determination of negligence or damages.
The U.S. Food and Drug Administration (FDA) announced new boxed warning requirements for prescription opioids and benzodiazepines following a review of the serious risks associated with their combined use. The agency identified extreme sedation, respiratory depression, coma, and death among the potential consequences of taking these medications together. The requirements applied to medications including oxycodone, an opioid pain reliever, and clonazepam, a benzodiazepine prescribed for certain neurological and psychiatric conditions.
Steven Jensen visited his primary care physician, Dr. Michael Cosgrave, while undergoing treatment with oxycodone for severe chronic pain. During the appointment, Dr. Cosgrave diagnosed Jensen with anxiety and depression and prescribed clonazepam at a dosage of one milligram twice daily. The physician knew Jensen was taking oxycodone, and Jensen and his wife expressed concerns about possible side effects from adding another medication. Dr. Cosgrave reassured the couple that the new prescription would be safe to take.
Later that evening, Jensen presented his clonazepam prescription at a Walgreens pharmacy. During prescription processing, his insurer generated an electronic warning about a potentially severe interaction between clonazepam and oxycodone. The alert appeared on the pharmacist's computer, but the pharmacist manually overrode it and dispensed the medication without contacting Dr. Cosgrave. Whether the pharmacist adequately warned Jensen about the interaction later became a disputed issue in the negligence proceedings. During discovery, Dr. Cosgrave testified that he would have authorized the prescription as written even if the pharmacist had contacted him.
Less than 36 hours after filling his clonazepam prescription, Steven Jensen was found dead on his bedroom floor. An autopsy identified oxycodone and clonazepam toxicity as the cause of death, and the medical examiner classified the manner of death as accidental. Jensen's wife later testified that they regularly discussed his medications and that she believed he would have told her if the pharmacist had warned him about a dangerous interaction. Her testimony formed part of the evidence concerning how Jensen might have responded to additional medication counseling.
Jill Jensen, individually and on behalf of Steven Jensen's estate, along with Doug Jensen and Patricia Jensen, pursued negligence claims against Walgreens and other defendants. The case proceeded in the Utah Third District Court in Salt Lake County under Case No. 210900485. The plaintiffs alleged that the Walgreens pharmacist failed to exercise reasonable professional care when dispensing clonazepam to a patient already taking oxycodone. Their claims addressed the pharmacist's knowledge of Jensen's medication history, handling of the interaction alert, and alleged failure to communicate the risks of combining the prescriptions.
Following discovery, Walgreens moved for summary judgment, arguing that the learned intermediary rule relieved its pharmacist of any duty to warn Jensen about the prescribed medications. The company maintained that Dr. Cosgrave was responsible for communicating the risks because the pharmacist had dispensed an FDA-approved drug according to the physician's instructions. Utah Third District Court Judge Keith A. Kelly denied the motion after finding material factual disputes concerning whether the pharmacist had information indicating that the prescription involved an excessively dangerous amount or was contraindicated for Jensen. The ruling allowed the negligence claims to proceed without deciding whether the pharmacist had breached the applicable standard of care.
Walgreens pursued interlocutory review of the district court's decision before a final judgment in the negligence case. The Utah Court of Appeals granted permission for the appeal and recommended that the Utah Supreme Court consider the matter. The appellate proceeding, assigned No. 20240315, addressed whether the learned intermediary rule exempted Walgreens from its general duty of care under the circumstances. Walgreens also challenged whether the plaintiffs could establish causation, arguing that Jensen's prescribing physician would have approved the prescription even after receiving an inquiry from the pharmacist.
The Utah Supreme Court heard oral arguments about the relationship between the learned intermediary rule and a pharmacist's professional obligations when dispensing medications involving patient-specific risks. Walgreens maintained that the prescribing physician was primarily responsible for explaining the medication's potential dangers. The plaintiffs argued that the pharmacy's knowledge of Jensen's oxycodone use and the electronic interaction warning supported their negligence claims. The court also examined whether the evidence presented a genuine factual dispute about Jensen's likely response to a warning.
The Utah Supreme Court unanimously affirmed the district court's denial of Walgreens' motion for summary judgment, with Justice Petersen authoring the opinion. The court explained that the learned intermediary rule generally exempts pharmacists from warning patients about the ordinary risks of FDA-approved prescription medications. However, it distinguished those general warnings from risks involving an individual patient's known medical or prescription history.
In reaching its decision, the court examined two earlier Utah cases, Schaerrer v. Stewart's Plaza Pharmacy, Inc. and Downing v. Hyland Pharmacy. In Schaerrer, the court had applied the learned intermediary rule in a strict product liability dispute while recognizing that pharmacists could still face negligence claims. Downing subsequently established that the rule did not eliminate a pharmacist's duty of reasonable care when dispensing a medication that was no longer authorized for sale by the FDA. The justices clarified that the circumstances discussed in Downing, including excessively dangerous dosages and known contraindications, were examples rather than an exhaustive list of situations in which the learned intermediary rule would not apply.
Applying those principles, the Supreme Court concluded that the plaintiffs had presented evidence that Walgreens possessed records of Jensen's oxycodone and clonazepam prescriptions and that the pharmacist received and overrode an electronic warning about their interaction. The court determined that the learned intermediary rule did not eliminate the pharmacist's general duty of care under those circumstances. It also declined to resolve causation in Walgreens' favor because a factual dispute remained about whether Jensen would have taken clonazepam after receiving an adequate warning, despite Dr. Cosgrave's testimony that he would have authorized the prescription. The case was remanded for further proceedings, leaving the alleged breach of professional care, causation, and damages for subsequent determination.
Court:
Supreme Court of the State of Utah
Case Name:
Jensen v. Walgreen Co.
On January 30, 2019, Steven Jensen filled a clonazepam prescription at a Walgreens pharmacy in Utah while taking oxycodone for chronic pain. He died on February 1, 2019, from combined oxycodone and clonazepam toxicity.
The Walgreens pharmacist received and manually overrode an electronic warning about a potentially severe interaction between the medications. Jensen's family alleged that the pharmacist failed to exercise reasonable professional care and provide an adequate warning.
Walgreens argued that the learned intermediary rule placed responsibility for warning patients about prescription drug risks on the prescribing physician rather than the pharmacist.
On October 2, 2025, the Utah Supreme Court unanimously affirmed the denial of Walgreens' motion for summary judgment, holding that the learned intermediary rule did not eliminate a pharmacist's general duty of care when the pharmacist had information about a patient-specific medication risk.
The court also found unresolved factual disputes concerning whether an adequate warning could have affected Jensen's decision to take clonazepam. The case was remanded for further proceedings without a final determination of negligence, causation, or damages.
Drug interactions
Pharmacy operations
Prescriptions
Prescription opioids
Pharmacy law
Pharmacotherapy
Pharmacodynamics
Jensen v. Walgreen Co., 2025 UT 41 (Utah Oct. 2, 2025), involved a pharmacy negligence and wrongful death lawsuit following the death of Steven Jensen from oxycodone and clonazepam toxicity. Jensen had been taking oxycodone for severe chronic pain when his physician prescribed clonazepam to treat anxiety and depression. On January 30, 2019, Jensen filled the new prescription at a Walgreens pharmacy, where an electronic warning identified a potentially severe interaction between the medications. The pharmacist manually overrode the alert and dispensed clonazepam without contacting the prescribing physician. Jensen died less than 36 hours later. His wife, parents, and estate brought negligence claims against Walgreens, alleging that the pharmacist failed to exercise reasonable professional care, including providing an adequate warning about the drug interaction. Walgreens disputed its responsibility to warn Jensen, relying on the learned intermediary rule, which generally assigns responsibility for explaining the ordinary risks of prescription medications to the prescribing physician.
On October 2, 2025, the Utah Supreme Court unanimously affirmed the denial of Walgreens' motion for summary judgment. The court determined that the learned intermediary rule did not exempt the pharmacist from the general duty of reasonable professional care when the pharmacist had information about a medication risk specific to Jensen. The justices also found that factual disputes prevented summary judgment on causation. The case was remanded to the Utah Third District Court in Salt Lake County for further proceedings without a final determination of negligence or damages.
The U.S. Food and Drug Administration (FDA) announced new boxed warning requirements for prescription opioids and benzodiazepines following a review of the serious risks associated with their combined use. The agency identified extreme sedation, respiratory depression, coma, and death among the potential consequences of taking these medications together. The requirements applied to medications including oxycodone, an opioid pain reliever, and clonazepam, a benzodiazepine prescribed for certain neurological and psychiatric conditions.
Steven Jensen visited his primary care physician, Dr. Michael Cosgrave, while undergoing treatment with oxycodone for severe chronic pain. During the appointment, Dr. Cosgrave diagnosed Jensen with anxiety and depression and prescribed clonazepam at a dosage of one milligram twice daily. The physician knew Jensen was taking oxycodone, and Jensen and his wife expressed concerns about possible side effects from adding another medication. Dr. Cosgrave reassured the couple that the new prescription would be safe to take.
Later that evening, Jensen presented his clonazepam prescription at a Walgreens pharmacy. During prescription processing, his insurer generated an electronic warning about a potentially severe interaction between clonazepam and oxycodone. The alert appeared on the pharmacist's computer, but the pharmacist manually overrode it and dispensed the medication without contacting Dr. Cosgrave. Whether the pharmacist adequately warned Jensen about the interaction later became a disputed issue in the negligence proceedings. During discovery, Dr. Cosgrave testified that he would have authorized the prescription as written even if the pharmacist had contacted him.
Less than 36 hours after filling his clonazepam prescription, Steven Jensen was found dead on his bedroom floor. An autopsy identified oxycodone and clonazepam toxicity as the cause of death, and the medical examiner classified the manner of death as accidental. Jensen's wife later testified that they regularly discussed his medications and that she believed he would have told her if the pharmacist had warned him about a dangerous interaction. Her testimony formed part of the evidence concerning how Jensen might have responded to additional medication counseling.
Jill Jensen, individually and on behalf of Steven Jensen's estate, along with Doug Jensen and Patricia Jensen, pursued negligence claims against Walgreens and other defendants. The case proceeded in the Utah Third District Court in Salt Lake County under Case No. 210900485. The plaintiffs alleged that the Walgreens pharmacist failed to exercise reasonable professional care when dispensing clonazepam to a patient already taking oxycodone. Their claims addressed the pharmacist's knowledge of Jensen's medication history, handling of the interaction alert, and alleged failure to communicate the risks of combining the prescriptions.
Following discovery, Walgreens moved for summary judgment, arguing that the learned intermediary rule relieved its pharmacist of any duty to warn Jensen about the prescribed medications. The company maintained that Dr. Cosgrave was responsible for communicating the risks because the pharmacist had dispensed an FDA-approved drug according to the physician's instructions. Utah Third District Court Judge Keith A. Kelly denied the motion after finding material factual disputes concerning whether the pharmacist had information indicating that the prescription involved an excessively dangerous amount or was contraindicated for Jensen. The ruling allowed the negligence claims to proceed without deciding whether the pharmacist had breached the applicable standard of care.
Walgreens pursued interlocutory review of the district court's decision before a final judgment in the negligence case. The Utah Court of Appeals granted permission for the appeal and recommended that the Utah Supreme Court consider the matter. The appellate proceeding, assigned No. 20240315, addressed whether the learned intermediary rule exempted Walgreens from its general duty of care under the circumstances. Walgreens also challenged whether the plaintiffs could establish causation, arguing that Jensen's prescribing physician would have approved the prescription even after receiving an inquiry from the pharmacist.
The Utah Supreme Court heard oral arguments about the relationship between the learned intermediary rule and a pharmacist's professional obligations when dispensing medications involving patient-specific risks. Walgreens maintained that the prescribing physician was primarily responsible for explaining the medication's potential dangers. The plaintiffs argued that the pharmacy's knowledge of Jensen's oxycodone use and the electronic interaction warning supported their negligence claims. The court also examined whether the evidence presented a genuine factual dispute about Jensen's likely response to a warning.
The Utah Supreme Court unanimously affirmed the district court's denial of Walgreens' motion for summary judgment, with Justice Petersen authoring the opinion. The court explained that the learned intermediary rule generally exempts pharmacists from warning patients about the ordinary risks of FDA-approved prescription medications. However, it distinguished those general warnings from risks involving an individual patient's known medical or prescription history.
In reaching its decision, the court examined two earlier Utah cases, Schaerrer v. Stewart's Plaza Pharmacy, Inc. and Downing v. Hyland Pharmacy. In Schaerrer, the court had applied the learned intermediary rule in a strict product liability dispute while recognizing that pharmacists could still face negligence claims. Downing subsequently established that the rule did not eliminate a pharmacist's duty of reasonable care when dispensing a medication that was no longer authorized for sale by the FDA. The justices clarified that the circumstances discussed in Downing, including excessively dangerous dosages and known contraindications, were examples rather than an exhaustive list of situations in which the learned intermediary rule would not apply.
Applying those principles, the Supreme Court concluded that the plaintiffs had presented evidence that Walgreens possessed records of Jensen's oxycodone and clonazepam prescriptions and that the pharmacist received and overrode an electronic warning about their interaction. The court determined that the learned intermediary rule did not eliminate the pharmacist's general duty of care under those circumstances. It also declined to resolve causation in Walgreens' favor because a factual dispute remained about whether Jensen would have taken clonazepam after receiving an adequate warning, despite Dr. Cosgrave's testimony that he would have authorized the prescription. The case was remanded for further proceedings, leaving the alleged breach of professional care, causation, and damages for subsequent determination.
Clinical Pharmacist Expert Witness
A clinical pharmacist expert witness may assess whether prescription verification, medication interaction screening, and patient counseling followed accepted professional standards. Their analysis can address how a reasonably prudent pharmacist should respond when a patient's prescription history reveals a potentially dangerous medication combination.
Pharmacology Expert Witness
The combined effects of opioids and benzodiazepines may be examined by a pharmacology expert witness. These specialists can evaluate drug interactions, central nervous system depression, and the physiological responses associated with taking medications that affect breathing and alertness.
Forensic Toxicology Expert Witness
A forensic toxicology expert witness may interpret laboratory findings, drug concentrations, and evidence of medication-related toxicity. Their assessment can address the contribution of individual substances and combined drug effects to a patient's death.
Pharmacy Operations Expert Witness
Prescription processing systems, electronic safety alerts, and medication dispensing procedures fall within the scope of a pharmacy operations expert witness. These professionals can review alert override practices, pharmacy documentation, pharmacist oversight, and compliance with established operating procedures.
Pharmacist Duty of Care Under Utah Pharmacy Negligence Law
Utah law requires pharmacists to exercise the skill, care, and knowledge expected of reasonably prudent pharmacists under similar circumstances. The learned intermediary rule provides a limited exception concerning warnings about the general risks of FDA-approved prescription medications, but it does not eliminate the underlying duty when a pharmacist is aware of a patient-specific risk. Establishing that a duty exists is separate from proving that the pharmacist failed to meet the applicable professional standard.
Oxycodone and Clonazepam Drug Interaction Risks
Oxycodone is an opioid pain medication, while clonazepam is a benzodiazepine that depresses central nervous system activity. Their combined use can increase the risk of severe sedation, respiratory depression, coma, and death. FDA-required boxed warnings address these dangers and advise healthcare professionals to consider the risks associated with prescribing opioids and benzodiazepines together.
Electronic Drug Interaction Alerts in Pharmacy Negligence Claims
Electronic pharmacy dispensing systems can identify potential interactions between a patient's current medications and new prescriptions. These alerts may require a pharmacist to review or acknowledge a warning before completing the dispensing process. In negligence litigation, prescription histories, alert records, override documentation, and counseling records may help establish what information was available to the pharmacist and how the prescription was handled.
Learned Intermediary Rule and Pharmacist Liability
The learned intermediary rule generally places responsibility for explaining the ordinary risks of FDA-approved prescription medications on the prescribing physician rather than the dispensing pharmacist. Under Utah law, the rule does not excuse a pharmacist from the general duty of care when the pharmacist has information about a patient-specific risk or observes an obvious prescription error. Whether particular conduct satisfies that duty depends on the applicable professional standard and the evidence presented.
Establishing Causation in Pharmacy Wrongful Death Lawsuits
A pharmacy negligence claim requires proof of duty, breach, causation, and damages. Medical causation concerns the physical cause of an injury or death, while legal causation requires a connection between the alleged negligent conduct and the resulting harm. In a failure-to-warn claim, evidence may include patient testimony, medication counseling records, physician communications, and other information concerning whether an adequate warning would have changed the patient's actions.
The Utah Supreme Court's October 2, 2025, decision affirmed the denial of summary judgment in the negligence lawsuit arising from Steven Jensen's death. Although Walgreens argued that it had fulfilled its responsibilities by dispensing clonazepam as prescribed, the justices determined that the learned intermediary rule did not exempt the pharmacy from its general duty of reasonable professional care when faced with a known patient-specific medication risk. The decision also left unresolved whether additional counseling could have prevented Jensen from taking the medication and whether the pharmacist's conduct contributed to his death. The case returned to the Utah Third District Court for further proceedings on the remaining negligence issues.
What was the main pharmacy negligence allegation in Jensen v. Walgreen Co.?
The plaintiffs alleged that Walgreens failed to exercise reasonable professional care when dispensing clonazepam to Steven Jensen, who was already taking oxycodone. Their claims included the pharmacist's decision to override a drug interaction warning and the alleged failure to provide adequate counseling about the combined medications.
Did Walgreens dispense the wrong medication to Steven Jensen?
No. Walgreens dispensed the clonazepam prescribed by Jensen's physician. The dispute concerned the pharmacist's handling of a potentially dangerous drug interaction rather than dispensing an incorrect medication.
Did the Utah Supreme Court find Walgreens liable for Jensen's death?
No. The Utah Supreme Court affirmed the denial of Walgreens' motion for summary judgment but did not determine that the pharmacist was negligent or legally responsible for Jensen's death. Those questions were left for further proceedings.
Does the learned intermediary rule protect pharmacists from negligence claims?
The rule generally exempts pharmacists from warning patients about the ordinary risks of FDA-approved prescription medications. However, Utah law does not extend that protection to circumstances involving known patient-specific risks or obvious prescription errors that fall within the pharmacist's general duty of care.
What evidence did the Utah Supreme Court consider when reviewing causation?
The court considered Dr. Cosgrave's testimony that he would have authorized Jensen's prescription even if contacted by the pharmacist, along with evidence that Jensen had previously expressed concern about adding clonazepam to his medications. The justices found that a factual dispute remained about whether an adequate warning could have affected Jensen's decision to take the medication.
Clinical Pharmacist Expert Witness
A clinical pharmacist expert witness may assess whether prescription verification, medication interaction screening, and patient counseling followed accepted professional standards. Their analysis can address how a reasonably prudent pharmacist should respond when a patient's prescription history reveals a potentially dangerous medication combination.
Pharmacology Expert Witness
The combined effects of opioids and benzodiazepines may be examined by a pharmacology expert witness. These specialists can evaluate drug interactions, central nervous system depression, and the physiological responses associated with taking medications that affect breathing and alertness.
Forensic Toxicology Expert Witness
A forensic toxicology expert witness may interpret laboratory findings, drug concentrations, and evidence of medication-related toxicity. Their assessment can address the contribution of individual substances and combined drug effects to a patient's death.
Pharmacy Operations Expert Witness
Prescription processing systems, electronic safety alerts, and medication dispensing procedures fall within the scope of a pharmacy operations expert witness. These professionals can review alert override practices, pharmacy documentation, pharmacist oversight, and compliance with established operating procedures.
Pharmacist Duty of Care Under Utah Pharmacy Negligence Law
Utah law requires pharmacists to exercise the skill, care, and knowledge expected of reasonably prudent pharmacists under similar circumstances. The learned intermediary rule provides a limited exception concerning warnings about the general risks of FDA-approved prescription medications, but it does not eliminate the underlying duty when a pharmacist is aware of a patient-specific risk. Establishing that a duty exists is separate from proving that the pharmacist failed to meet the applicable professional standard.
Oxycodone and Clonazepam Drug Interaction Risks
Oxycodone is an opioid pain medication, while clonazepam is a benzodiazepine that depresses central nervous system activity. Their combined use can increase the risk of severe sedation, respiratory depression, coma, and death. FDA-required boxed warnings address these dangers and advise healthcare professionals to consider the risks associated with prescribing opioids and benzodiazepines together.
Electronic Drug Interaction Alerts in Pharmacy Negligence Claims
Electronic pharmacy dispensing systems can identify potential interactions between a patient's current medications and new prescriptions. These alerts may require a pharmacist to review or acknowledge a warning before completing the dispensing process. In negligence litigation, prescription histories, alert records, override documentation, and counseling records may help establish what information was available to the pharmacist and how the prescription was handled.
Learned Intermediary Rule and Pharmacist Liability
The learned intermediary rule generally places responsibility for explaining the ordinary risks of FDA-approved prescription medications on the prescribing physician rather than the dispensing pharmacist. Under Utah law, the rule does not excuse a pharmacist from the general duty of care when the pharmacist has information about a patient-specific risk or observes an obvious prescription error. Whether particular conduct satisfies that duty depends on the applicable professional standard and the evidence presented.
Establishing Causation in Pharmacy Wrongful Death Lawsuits
A pharmacy negligence claim requires proof of duty, breach, causation, and damages. Medical causation concerns the physical cause of an injury or death, while legal causation requires a connection between the alleged negligent conduct and the resulting harm. In a failure-to-warn claim, evidence may include patient testimony, medication counseling records, physician communications, and other information concerning whether an adequate warning would have changed the patient's actions.
The Utah Supreme Court's October 2, 2025, decision affirmed the denial of summary judgment in the negligence lawsuit arising from Steven Jensen's death. Although Walgreens argued that it had fulfilled its responsibilities by dispensing clonazepam as prescribed, the justices determined that the learned intermediary rule did not exempt the pharmacy from its general duty of reasonable professional care when faced with a known patient-specific medication risk. The decision also left unresolved whether additional counseling could have prevented Jensen from taking the medication and whether the pharmacist's conduct contributed to his death. The case returned to the Utah Third District Court for further proceedings on the remaining negligence issues.
What was the main pharmacy negligence allegation in Jensen v. Walgreen Co.?
The plaintiffs alleged that Walgreens failed to exercise reasonable professional care when dispensing clonazepam to Steven Jensen, who was already taking oxycodone. Their claims included the pharmacist's decision to override a drug interaction warning and the alleged failure to provide adequate counseling about the combined medications.
Did Walgreens dispense the wrong medication to Steven Jensen?
No. Walgreens dispensed the clonazepam prescribed by Jensen's physician. The dispute concerned the pharmacist's handling of a potentially dangerous drug interaction rather than dispensing an incorrect medication.
Did the Utah Supreme Court find Walgreens liable for Jensen's death?
No. The Utah Supreme Court affirmed the denial of Walgreens' motion for summary judgment but did not determine that the pharmacist was negligent or legally responsible for Jensen's death. Those questions were left for further proceedings.
Does the learned intermediary rule protect pharmacists from negligence claims?
The rule generally exempts pharmacists from warning patients about the ordinary risks of FDA-approved prescription medications. However, Utah law does not extend that protection to circumstances involving known patient-specific risks or obvious prescription errors that fall within the pharmacist's general duty of care.
What evidence did the Utah Supreme Court consider when reviewing causation?
The court considered Dr. Cosgrave's testimony that he would have authorized Jensen's prescription even if contacted by the pharmacist, along with evidence that Jensen had previously expressed concern about adding clonazepam to his medications. The justices found that a factual dispute remained about whether an adequate warning could have affected Jensen's decision to take the medication.
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