Negligence: Products Liability-Pharmaceuticals-Negligent Misrepresentation

Defendants moved to dismiss plaintiff’s complaint. Plaintiff, a Navy pilot, was prescribed an allergy medication, which included an instruction for users to call their doctor if they experienced any of a list of side effects and advised that the list was not the complete list of potential side effects. After taking the medication, plaintiff was hospitalized for confusion, hallucinations, disorientation, catatonia, self-harm and detachment, which resulted in ongoing psychiatric care. Plaintiff’s psychiatrist diagnosed plaintiff with substance-induced bipolar disorder and noted that plaintiff’s medication was known to trigger psychotic disorders. Plaintiff asserted claims of negligence and negligent misrepresentation based on the failure to list psychiatric issues as a side effect.

Where defendants assumed a duty of care when developing the monograph for the medication and where plaintiff adequately alleged that the monograph contained half-truths under applicable law when defendants removed psychiatric effects from the listing of side effects, the court held that plaintiff had sufficiently stated a claim.

Defendants’ motion to dismiss denied.

Whaley v. Oracle Health Government Services, Inc. (MLW No. 84312/Case No. 4:25-cv-0-488-DGJ – 10 pages) (U.S. District Court, Western District of Missouri, Kays, J.)