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
Today’s guest post comes from Iowa born and bred attorney Stephanie Koltookian along with Tom Joensen and Tom Kus, all of Faegre Drinker. The backstory is that Stephanie sent Bexis a note that the Blog should not just necessarily assume that Iowa would adopt the learned intermediary rule, since the state’s high court
We write on a lovely Sunday afternoon, much of which was devoted to trying to figure out what the oldest of the Drug and Device Law Little Rescue Dogs would deign to eat. We should note that we would do literally anything for this frail, scruffy angel incarnate. To wit, we have cooked fresh beef
If you are one of our readers who fall into the over 50 demographic, we are going to assume that in your head you read the title of today’s post in John Houseman’s voice and you tagged it with “they earned it.” That’s because you were alive in the early 1980s when if you wanted
A federal court has asked the supreme court of Washington to address the scope of that state’s learned-intermediary doctrine. In particular, it has asked whether Washington recognizes a “direct-to-consumer” exception to the doctrine.
Under the learned-intermediary doctrine, which has been adopted by every state other than West Virginia, a manufacturer of a prescription medical product
Today’s case was decided back on April 23rd, but just showed up on our radar. That made us look back to see first what we were posting about on that date (answer: Lone Pine) and second, what was the world talking about on that date (answer: Chauvin guilty verdict, surging Covid-19 cases in
Today we report on two cases involving the learned-intermediary doctrine. One holds that the doctrine applies in the context of clinical trials; the other holds that it applies even when no warning was given by the manufacturer. Both cases highlight the importance of causation in failure-to-warn claims.
Under the learned-intermediary doctrine, which has been adopted
This post is not from the Dechert side of the Blog.
We exchanged e-mails today with one of our first mentors, many years retired. With this long-ago colleague, we tried our first prescription drug cases when we were fresh out of law school, creating some of the fondest memories of our decades-long legal career. Back
There are some basic rules for medical product liability litigation, at least as we—and the vast majority of courts—see it. One is that the manufacturer of the medical product that the plaintiff used and allegedly injured her is typically the right defendant. Part of what a potential plaintiff is supposed to do during the statute
The plaintiff in Salinero v. Johnson & Johnson, __ F.3d __, No. 20-10900, 2021 WL 1681237 (11th Cir. Apr. 29, 2021), tried a new twist to get around the learned intermediary rule—and it did not work. The district court rejected the plaintiff’s attempt to graft a “financial bias” exception onto Florida’s learned intermediary rule,