"unavoidably unsafe," as the learned intermediary doctrine
Learned Intermediary Doctrine
has been recognized for almost 50 years
As related above, the Learned Intermediary Doctrine
in which applying the learned intermediary doctrine
Nearly every state has applied the learned intermediary doctrine
to shield pharmaceutical manufacturers from liability for
These conditions, the court opined, mark "[s]ignificant changes in the drug industry [that] post-dated the adoption of the learned intermediary doctrine
in the majority of states in which it is followed." (20) Finding that drug companies now spend millions of dollars marketing their products to consumers (both through advertising and company and product web sites), the Karl court determined that the manufacturer, not the physician, is the one best suited to advise patients of the risks and benefits of its drugs.
Almost all jurisdictions follow the learned intermediary doctrine
with regard to claims involving prescription drugs.
The learned intermediary doctrine
, as articulated by the supreme court in Kirk, absolves a prescription-drug manufacturer of the duty to directly warn the consumer of its prescription drugs.
Part I of this note will outline the learned intermediary doctrine
, discussing its rationales and treatment by the Restatement (Third) of Torts.
At least one New Jersey court held that although the state rejected the learned intermediary doctrine
in the context of direct-to-consumer advertising of prescription drugs, the intervening medical judgment of a physician still creates causation problems.
It may be possible to circumvent the learned intermediary doctrine
by introducing into evidence handouts and other "patient education" tools.
The documents and materials generated during an internal investigation are, in essence, ultimately protected by the learned intermediary doctrine
because they are used to create an adequate warning.