The Mensing Preemption

The interplay between the Learned Intermediary Doctrine and the <i>Mensing</i> preemption should bar nearly any claim a plaintiff may assert against a generic manufacturer for failure-to-timely-update ...

34 minute read July 29, 2012 at 09:31 AM

Sara K. Thompson And Sean P. Jessee

Because the vast majority of jurisdictions apply the Learned Intermediary Doctrine, failure-to-warn analysis in nearly all jurisdictions will be focused solely on the adequacy of the warnings provided to the prescribing physician.

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