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Relearning the Learned Intermediary Doctrine

In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.

10 minute read December 31, 2013 at 11:00 PM
By
Brian Raphel
Relearning the Learned Intermediary Doctrine

In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product.

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