Learned intermidiary

Learned Intermediary is a legal doctrine that a company can give someone else a warning about a practice and that person can chose to give the warning to the consumer or not. This doctrine most often apply to pharmaceuticals that can only be given with prescriptions.

In a clear majority of states, the courts have accepted this as a a liability shield for pharmaceutical companies.

History

The term "learned intermediary" was first used in 1966 in an Eighth Circuit decision "Sterling Drug v. Cornish", (370 F.2d 82, 85 (8th Cir. 1966)).

Dissent

Recently, this doctrine has been call into question because the courts feel it is complicated by direct to consumer advertising, which pushes prescription drugs on people.

New Jersey's Supreme Court in Perez v. Wyeth Laboratories, Inc and the West Virginia case State ex rel. Johnson & Johnson Corp. v. Karl

External links

* [http://www.thefederation.org/documents/pratt.htm an essay on the topic]