An Easy Case Makes Good Learned Intermediary Law

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Who says one can have too much of a good thing? Yesterday we lost count of the burgers and helpings of potato salad we piled in front of us on the picnic table. (We were doing a Joey Chestnut imitation.) We wanted more pie. More Springsteen on the boombox. More Twilight Zone episodes. (Cable marathon, for those of you not in The Know.) More fireworks. More days off.

Our firm usually gets the hardest cases. We don't often survey the evidence and encounter an embarrassment of riches. Imagine our envy when we read the facts of Legard v. Ortho-McNeil Pharmaceutical, Inc., 2011 U.S. Dist. LEXIS 67997 (N.D. Ohio June 24, 2011). If ever a case called out for application of the learned intermediary doctrine, this was it.

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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.

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