Yesterday, we published an excellent synopsis of Iowa law concerning the learned intermediary rule, written by Iowa lawyers with a in-depth feel for their own state’s law, including useful analogies. They have produced the most comprehensive argument we’ve seen why their home state’s supreme court should adopt the rule.
According to our 50-state learned intermediary rule survey, there are ten other jurisdictions in which there is no state-court appellate authority recognizing the learned intermediary rule in prescription medical product cases:
Idaho
Maine
New Hampshire
North Dakota
Puerto Rico
Rhode Island
South Carolina
South Dakota
Vermont
Wisconsin
We’d like to extend an invitation to our readers in these jurisdictions (or who know these jurisdictions) to prepare similarly detailed arguments for adopting the learned intermediary rule in their states, which we would be happy to publish as guest posts. Please respond to Bexis if you would like to show off your legal virtuosity in this way, and the necessary arrangements will be made.