Illegal Promotion in the Air Can't Defeat the Learned Intermediary Rule


There's not all that much to King v. Pfizer Pharmaceutical Co., 2011 U.S. Dist. Lexis 80952 (D. Md. July 25, 2011). Basically it's a slam dunk learned intermediary dismissal. The plaintiff admitted that "she had conversations with her treating physician about possible side effects of [the drug], one of those side effects being leg pain" - which was the adverse effect over which she was suing. Id. at *7.

On a warning claim, that kind of admission entitles the plaintiff to no-expenses-paid one-way ticket to the exit. We wouldn't bother telling you about it if that was all there was.

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