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

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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.

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