Illegal Promotion in the Air Can't Defeat the Learned Intermediary Rule

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There's not all that much to King v. Pfizer Pharmaceutical Co., 2011 U.S. Dist. Lexis 80952 (D. Md. July 25, 2011). Basically it's a slam dunk learned intermediary dismissal. The plaintiff admitted that "she had conversations with her treating physician about possible side effects of [the drug], one of those side effects being leg pain" - which was the adverse effect over which she was suing. Id. at *7.

On a warning claim, that kind of admission entitles the plaintiff to no-expenses-paid one-way ticket to the exit. We wouldn't bother telling you about it if that was all there was.

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