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Manufacturers › Medical Devices › Learned Intermediary

Faegre Drinker Biddle & Reath LLP

Yes, Michigan Applies the Learned Intermediary Doctrine

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For decades, both state and federal courts in Michigan have routinely applied the learned intermediary doctrine in products liability cases involving prescription medical products. Under the doctrine, a manufacturer’s duty to...more

Morrison & Foerster LLP

Himes v. Somatics – California’s New Causation Standard for the Learned Intermediary Doctrine

Morrison & Foerster LLP on

In Himes v. Somatics, LLC, No. S273887, 2024 WL 3059637 (Cal. June 20, 2024), the Supreme Court of California delivered a win to the defense, upholding the learned intermediary doctrine in cases involving prescription drugs...more

Butler Snow LLP

The Learned Intermediary Doctrine: Debunking Myths

Butler Snow LLP on

The learned intermediary doctrine is not sexy. Its application doesn’t require depositions or a jury trial. Look no further than its name:  it’s a legal doctrine. Nevertheless, drug and device manufacturers still face a...more

Butler Snow LLP

50-State Survey: The Learned Intermediary Doctrine

Butler Snow LLP on

The world is waiting as pharmaceutical drug manufacturers rush to create products that can cure and treat COVID-19. In all likelihood, these products will require a doctor’s prescription before patients can access it....more

Snell & Wilmer

Arizona Limits Failure to Warn Claims Against Medical Device Manufacturers

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On December 18, 2018, the Arizona Supreme Court issued an opinion clarifying manufacturers’ duty to warn consumers under Arizona common law. The Court held that the federal Medical Device Amendments (“MDA”) impliedly...more

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