West Virginia

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A federal trial court has held that West Virginia public policy forbids applying the learned intermediary doctrine even to patients treated outside of West Virginia.
Thus: An Alabama physician prescribes a drug to an Alabama resident. The resident uses the drug in Alabama and is allegedly injured by the drug there. Alabama law recognizes the…

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We’ve already deplored the recent decision of the West Virginia Supreme Court rejecting the learned intermediary rule outright, State ex rel. Johnson & Johnson Corp. v. Karl, ___ S.E.2d ___, 2007 W. Va. Lexis 57 (W. Va. June 27, 2007) (“Karl”). However, the more we’ve thought about it, the more we’re convinced…

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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