Texas Supreme Court Adopts “Learned Intermediary Doctrine” and Holds Facts of Case Did Not Justify Creating Exception Based on “Direct-to-Consumer” Advertising

more+
less-

The Texas Supreme Court has held that the learned intermediary doctrine generally applies within the context of a physician-patient relationship and allows a prescription drug manufacturer to fulfill its duty to warn end users of its product's potential risks by providing an adequate warning to the prescribing physician. Under the learned intermediary doctrine, the manufacturer of a pharmaceutical product satisfies its duty to warn the end user (i.e., the patient) of its product's potential risks by providing an adequate warning to a “learned intermediary” (i.e., the doctor) who then assumes the duty to pass on the necessary warnings to the end user.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Constitutional Law Updates, Consumer Protection Updates, Firm Marketing Updates, Personal Injury Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Heygood, Orr & Pearson | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »