While Plaintiff Slept, Learned Intermediary Got a Re-affirming Wake Up

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For my first venture in blogging, I bring you a sweet learned intermediary victory made all the sweeter by the opposition’s falling asleep at the switch – Dykes v. Johnson & Johnson, 2011 U.S. Dist. LEXIS 55138 (E.D. La. May 20, 2011) – a win/win in our book.

First, a little background: plaintiff underwent a hysterectomy during which her surgeon used a medical product (an absorbable hemostat) to help control bleeding. A few days later plaintiff claimed she suffered an inflammatory response wherever the hemostat had touched her body (described as a poison ivy type reaction in the bowel area).

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