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1 The Learned Intermediary Doctrine Applies to Prescription ...
https://haleyolson.com/blog/the-learned-intermediary-doctrine-applies-to-prescription-drug-products-liability-cases/
The Texas Supreme Court recently held that a prescription drug manufacturer fulfills its duty to warn users of its product's risks by ...
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2 Understanding The Learned Intermediary Doctrine
https://www.rcclaw.com/understanding-the-learned-intermediary-doctrine/
› understanding-the-learned-in...
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3 Texas Supreme Court Adopts the “Learned Intermediary ...
https://www.wilsonelser.com/news_and_insights/insights/991-texas_supreme_court_adopts_the_learned_intermediary
Texas Supreme Court Adopts the “Learned Intermediary Doctrine” in Prescription Drug Cases; Rejects Exception for Direct-to-Consumer Advertising.
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4 Learned Intermediary and Alternative Design Causation ...
https://www.druganddevicelawblog.com/2021/06/learned-intermediary-and-alternative-design-causation-knock-out-claims-in-texas.html
Texas has adopted the learned intermediary doctrine and in the case of a prescription pharmaceutical or medical device Texas has interpreted ...
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5 Causation and The Learned-Intermediary Doctrine
https://www.winston.com/en/product-liability-and-mass-torts-digest/causation-and-the-learned-intermediary-doctrine.html
› causation-and-the-learned-i...
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6 Texas Supreme Court Recognizes "Learned Intermediary ...
https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Texas-Supreme-Court-Recognizes-Learned-Intermediary-Prescription-Drug-Defense
In a highly-anticipated opinion delivered June 8, 2012, the Texas Supreme Court has for the first time recognized the so-called "learned ...
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7 Southern District of Texas Holds Learned Intermediary ...
https://www.faegredrinker.com/en/insights/publications/2021/6/southern-district-of-texas-holds-learned-intermediary-doctrine-applies-to-clinical-trials
Southern District of Texas Holds Learned Intermediary Doctrine Applies to Clinical Trials · Faegre Drinker on Products Blog · Meet the Authors.
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8 Texas Supreme Court Adopts “Learned ... - JD Supra
https://www.jdsupra.com/post/fileServer.aspx?fName=bda1c659-c8cf-4a85-8819-043e848a4f89.pdf
Texas Supreme Court Adopts “Learned Intermediary Doctrine”. Court Holds Facts of Case Did Not Justify Creating Exception Based on “Direct-to-Consumer” ...
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9 Texas Supreme Court Adopts “Learned Intermediary Doctrine”
https://www.bandaslawfirm.com/blogs/2012/july/texas-supreme-court-adopts-learned-intermediary-/
The learned intermediary doctrine recently arose in a Texas case in which a couple filed a pharmaceutical liability lawsuit against Centocor, ...
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10 William A. Ruskin: Texas Adopts Learned Intermediary Doctrine
https://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/posts/william-a-ruskin-texas-adopts-learned-intermediary-doctrine
Texas now joins the vast majority of states that have adopted the learned intermediary rule. In a press release issued [June 28], IADC reported ...
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11 Texas Supreme Court Rejects "Direct-to-Consumer ...
https://www.grsm.com/publications/2012/texas-supreme-court-rejects-direct-to-consumer-advertising-exception-to-learned-intermediary-doctrine
In Centocor, Inc. v. Hamilton, a unanimous Texas Supreme Court reaffirmed the "learned intermediary doctrine," whereby a prescription drug ...
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12 Learned Intermediary Adopted in Texas - Casetext
https://casetext.com/analysis/learned-intermediary-adopted-in-texas
We cannot comment, but commend to your study the recent decision by the Texas Supreme Court on the applicability of the learned intermediary ...
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13 The learned intermediary doctrine and its effects on ... - NCBI
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1200796/
The learned intermediary doctrine is utilized by pharmaceutical manufacturers in response to marketing defect claims. In a marketing defect claim, the ...
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14 How Not To Create An "Exception" To The Learned ... - Mondaq
https://www.mondaq.com/unitedstates/healthcare/616684/how-not-to-create-an-exception-to-the-learned-intermediary-rule
1988) (vaccine). The only loophole to the learned intermediary rule ever recognized under Texas law is the so-called "mass vaccination" ...
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15 learned intermediary doctrine applies in prescription drug ...
https://www.lexology.com/library/detail.aspx?g=9771ef5b-e1fb-43ab-869a-241ec733aaf6
Addressing the issue squarely for the first time, the Texas Supreme Court has unanimously adopted the learned intermediary doctrine in the ...
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16 Learned Intermediary Doctrine Applies in Clinical-Trial Context ...
https://www.harrismartin.com/publications/4/drugs/articles/27507/learned-intermediary-doctrine-applies-in-clinical-trial-context-texas-federal-judge-rules/
In a May 27 order, Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas predicted that the Texas Supreme Court would apply the ...
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17 Case 4:18-cv-02192 Document 37 Filed on 10/07/19 ... - GovInfo
https://www.govinfo.gov/content/pkg/USCOURTS-txsd-4_18-cv-02192/pdf/USCOURTS-txsd-4_18-cv-02192-0.pdf
Defendant is also correct that, under Texas law, the mere fact that a ... a claim where the learned intermediary doctrine applies, ...
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18 Products Liability and Mass Tort Defense Resource Center
https://jenner.com/resource_centers/update/842
The court held that, where medical devices are sold only by prescription and only to physicians, the learned intermediary doctrine requires only that the ...
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19 What Does Learned Intermediary Mean - Davis & Crump
https://www.daviscrump.com/legal-resources/video-library/legal-advice/what-does-learned-intermediary-mean/
Under the learned intermediary rule, the prescription drug or medical device maker fulfills its duty to warn by warning the prescribing doctor of the dangers of ...
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20 Drug and Medical Device Litigation | Carter Law Group
https://clgtrial.com/education-and-resources/drug-and-medical-device-litigation/
When raising the learned intermediary defense, defendants claim that they satisfy their duties by providing any relevant information to your doctor. A ...
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21 Texas Supreme Court Rules that a Manufacturer Satisfies its ...
https://www.texasinjurylawyersblog.com/texas-supreme-court-rules-that-a-manufacturer-satisfies-its-duty-to-warn-in-medical-product-liabilit/
In June 2012, Texas joined 35 other states in holding that a sufficient warning to a treating doctor (the “learned intermediary”) satisfies ...
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22 TAXOTERE (DOCETAXEL) ) MDL No. 16-2740 PRODUCTS ...
http://www.laed.uscourts.gov/sites/default/files/taxotere/2022-1-11%20O%26R%20MSJ%20Guilbault.pdf
Plaintiff Guilbault, arguing that under the learned intermediary doctrine, ... Although Pustejovsky applied the Texas learned intermediary ...
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23 Products liability: the fate of the learned intermediary doctrine
https://go.gale.com/ps/i.do?id=GALE%7CA95843924&sid=googleScholar&v=2.1&it=r&linkaccess=abs&issn=10731105&p=AONE&sw=w
(2) District Court Judge Schell of the Eastern District of Texas applied the "learned intermediary" doctrine to those claims, finding that the twenty-six ...
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24 Learned Intermediary Doctrine: What Is It & When Can Doctors ...
https://www.enjuris.com/blog/questions/learned-intermediary-doctrine/
› Injury Blog
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25 SpecialReport
https://www.dechert.com/content/dam/dechert%20files/knowledge/publication/2007/10/toxic-torts-products-liability-learned-intermediary-opinion-s/toxic_torts_product_liability.pdf
Texas Lawyer, 1412 Main St., Suite 1300, Dallas, TX 75202 • 214-744-7701 • 800-456-5484 ... learned-intermediary doctrine applies in Texas, even when.
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26 Texas Supreme Court Upholds Learned Intermediary Rule
https://www.wlf.org/2012/06/13/wlf-legal-pulse/texas-supreme-court-upholds-learned-intermediary-rule/
In reversing the appellate court, the Supreme Court of Texas took the position urged by WLF in its brief—that the “learned intermediary ...
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27 The Learned Intermediary Doctrine: An Update
https://frostbrowntodd.com/the-learned-intermediary-doctrine-an-update/
Prior to adopting the learned intermediary doctrine with regard to prescription drugs, Texas recognized generally that some manufacturers or ...
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28 CENTOCOR INC v. << | FindLaw
https://caselaw.findlaw.com/tx-supreme-court/1602989.html
Under the learned intermediary doctrine, the manufacturer of a pharmaceutical product satisfies its duty to warn the end user of its product's potential risks ...
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29 Learned Intermediary Doctrine in Drug and Medical Device ...
https://www.litigationandtrial.com/tags/learned-intermediary/
Under the most basic version of the learned intermediary doctrine, prescription drug users are considered by law to be lab rats who have no say in what their ...
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30 SCOT Adopts Learned Intermediary Doctrine | Texas Civil Justice ...
https://tcjl.com/scot-adopts-learned-intermediary-doctrine/
In an important case of first impression, the Texas Supreme Court has joined the large majority of states that have adopted the learned intermediary defense ...
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31 In Texas, The Learned Intermediary Doctrine Holds Steady - Law360
https://www.law360.com/articles/351858
In an important decision for the pharmaceutical industry, the Texas Supreme Court has rejected in Centocor v. Hamilton the latest attempt to create a ...
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32 Emerging Trends in A Pharmacist's Duty to Warn Liability of A ...
https://www.airdowerwas.com/publications/emerging-trends-pharmacists-duty-warn-liability-pharmacist-prescription-properly-filled-update-regarding-learned-intermediary-doctrine/
The learned intermediary doctrine provides that manufacturers have a duty to warn prescribing physicians of drug side effects, rather than the ultimate customer ...
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33 Illinois Appellate Court Says the Learned Intermediary ...
https://www.segalmccambridge.com/blog/illinois-appellate-court-says-the-learned-intermediary-doctrine-does-not-shield-a-device-manufacturer-from-liability-when-a-doctor-is-deceived-about-a-devices-prior-testing-and-suitability/
The Learned Intermediary Doctrine states that when adequately informed physicians prescribe drugs or medical devices to patients, it breaks the chain of ...
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34 Texas Supreme Court Adopts the “Learned Intermediary Doctrine” in ...
https://www.martindale.com/legal-news/article_wilson-elser-moskowitz-edelman-dicker-llp_1539440.htm
Texas Supreme Court Adopts the “Learned Intermediary Doctrine” in Prescription Drug Cases; Rejects Exception for Direct-to-Consumer Advertising.
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35 Brent Cooper argues before Texas Supreme Court on behalf ...
https://www.cooperscully.com/news-and-resources/c-s-in-the-news/brent-cooper-argues-before-texas-supreme-court-on-behalf-of-amicus-curiae-in-learned-intermediary-case-centocor-inc.-v.-hamilton
Brent Cooper argues before Texas Supreme Court on behalf of amicus curiae in learned intermediary case, Centocor, Inc. v. Hamilton.
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36 Centocor, Inc. v. Hamilton, 372 S.W.3d 140 (2012) - Quimbee
https://www.quimbee.com/cases/centocor-inc-v-bullen
In Texas, the learned intermediary doctrine provides that a prescription drug manufacturer has a duty to warn the prescribing physician, but not the end ...
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37 In a recent article on the learned inter - Carlton Fields
https://www.carltonfields.com/files/Publication/eb6e3346-d164-4bc3-b89e-d4dd7b413595/Presentation/PublicationAttachment/a424c774-e790-46b0-81dd-025303ae0c45/Camp%20PL_Sum10.pdf
learned intermediary doctrine is a myth that harms consumers.” ... learned intermediary-physician that much ... Court of Texas will reject a direct-to-.
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38 Perez v. Wyeth Laboratories Inc., 161 N.J. 1, 734 A.2d 1245 ...
https://biotech.law.lsu.edu/cases/drugs/perez_v_wyeth_laboratories_inc.htm
Direct marketing to consumers limits the learned intermediary defense - Perez v. ... of nicotine patch warning under Texas law certified in Edwards v.
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39 Remicade Maker Asks Texas Supreme CourtTo Retain Learned ...
https://news.bloomberglaw.com/pharma-and-life-sciences/remicade-maker-asks-texas-supreme-court-to-retain-learned-intermediary-doctrine
AUSTIN, Texas—A pharmaceutical company Dec. 8 told the Texas Supreme Court the learned intermediary doctrine should not be overturned in Texas (Centocor ...
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40 The learned intermediary doctrine in the WebMD era | Insights
https://www.dlapiper.com/en/us/insights/publications/2019/06/the-learned-intermediary-doctrine-in-the-webmd-era/
The learned intermediary doctrine provides that a manufacturer's duty to warn runs to the physician who prescribed the medication, not to the ...
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41 Litigating the Learned Intermediary Doctrine
https://www.shb.com/-/media/files/professionals/s/strongmanjon/litigatingthelearnedintermediarydoctrine.pdf?la=en
learned intermediary doctrine has been ... chaser's doctor is a learned intermediary ... the Eastern District of Texas did a compre-.
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42 The Learned Intermediary Doctrine: A Historical Review
https://www.arnoldporter.com/-/media/files/perspectives/publications/2014/10/the-learned-intermediary-doctrine-a-historical-r__/files/publication/fileattachment/thelearnedintermediarydoctrineahistoricalreview1__.pdf
2012), the Texas Supreme Court issued an opinion in which it rejected the analysis of these prior decisions, expressly adopted for the first ...
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43 In Re Norplant Contraceptive Products Liability Litigation, 955 ...
https://law.justia.com/cases/federal/district-courts/FSupp/955/700/1516035/
Though the court was unable to locate any cases dealing with the issue of applying the learned intermediary doctrine in cases involving the Norplant ...
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44 Taylor v. Intuitive Surgical, Inc. - Washington State Courts
https://www.courts.wa.gov/opinions/pdf/922101.pdf
Under the learned intermediary doctrine, manufacturers of medical products can satisfy their duty to warn patients of the risks of their products by.
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45 Learned intermediary - Pocket Dentistry
https://pocketdentistry.com/learned-intermediary/
In health care, these learned intermediaries are generally pharmacists or physicians. This legal tenet is called the “learned intermediary ...
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46 Reimagining the Learned Intermediary Rule for the New ...
https://scholarship.shu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1198&context=shlr
For the past decade, the learned intermediary rule—the rule of tort law ... causation in an unavoidable risk case under Texas law). 55. See, e.g., Hurley v.
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47 Product Liability - Jackson Walker LLP
https://www.jw.com/sub-practice-areas/product-liability/
In our home state of Texas, known for some of the most plaintiff-friendly venues in the nation, we are particularly effective in evaluating claims, venue, ...
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48 The Pharmacist's Duty to Warn in Texas - TTU DSpace Home
https://ttu-ir.tdl.org/bitstream/handle/10601/629/myhra2.pdf?sequence=1
The learned intermediary doctrine thus limits the legal obligation of drug manufacturers to provide warnings and places the primary responsibility on physicians ...
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49 Learned Intermediary Doctrine in the Age of Direct Consumer ...
https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3465&context=mlr
Missouri recently addressed whether the learned intermediary doctrine can be ... Impending Impact of the Restatement (Third) of Torts in Texas, 35 HOus.
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50 Duty To Warn and the Learned Intermediary Doctrine in New ...
https://www.law.com/newyorklawjournal/2022/01/25/duty-to-warn-and-the-learned-intermediary-doctrine-in-new-york-does-the-duty-require-instructions-about-how-to-mitigate-risk/
The learned intermediary doctrine and federal preemption law would in all probability preclude a failure-to-warn claim based on a failure to ...
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51 Why the Arizona Court of A
https://arizonastatelawjournal.org/wp-content/uploads/2017/07/OConnor_Final.pdf
based on the learned intermediary doctrine (“the doctrine”).4 ... In this case, the Fifth Circuit was referring to its past cases applying Texas law. Id.
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52 Deceptive Trade Practices - Consumer Protection Act
https://scholar.smu.edu/cgi/viewcontent.cgi?article=1797&context=smulr
We therefore make an Erie guess that the Texas Supreme Court would hold that the learned intermediary doctrine is not a common law defense but instead a common ...
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53 Doctor's financial tie does not overcome Florida's learned ...
https://www.butlersnow.com/news-and-events/doctors-financial-tie-does-not-overcome-floridas-learned-intermediary-doctrine-11th-circ-reuters-legal
... tie does not overcome Florida's learned intermediary doctrine ... D. Todd Smith & Jody Sanders – Texas Appellate Lawyers & Podcast Hosts ...
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54 Adequate Drug Warnings in the Face of Uncertain Causality
https://researchrepository.wvu.edu/cgi/viewcontent.cgi?article=6142&context=wvlr
Learned Intermediary Doctrine and the Need for Clarity. Michael Imbroscio. Covington & Burling. Gabriel Bell ... (applying Texas and Mississippi law)).
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55 Defending Products Liability Suits Involving Off-Label Use
https://semmes.com/wp-content/uploads/2016/07/off-label-use.pdf
The learned intermediary doctrine serves as a shield for manufacturers ... Pennsylvania,59 South Carolina,60 Tennessee,61 Texas,62 Utah,63 Virginia,64 ...
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56 The court rejected any purported exception to the learned ...
https://www.expertwitness.international/articles/journal/following-more-than-just-money
In our How Not To Create an “Exception” to the Learned Intermediary Rule post two years ago, we criticized a couple of Texas trial court ...
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57 No. 1210140 IN THE SUPREME COURT OF ALABAMA ...
https://judicial.alabama.gov/docs/2022.04.14_Defendants-AppelleesResponseBrief.pdf
A. Consistent With The Learned Intermediary Doctrine, Alabama ... 2008) (applying Texas law, no causation where prescribing physician would have prescribed ...
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58 Combatting “If You Had Known” Hypotheticals - Tucker Ellis LLP
https://www.tuckerellis.com/webfiles/Combatting%20If%20You%20Had%20Known%20Hypotheticals_Dennis.pdf
Under the learned intermediary doctrine, a ... warning a learned intermediary, generally ... physician—the decisions contradict Texas.
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59 Golden Gate University Law Review
https://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1787&context=ggulrev
learned intermediary doctrine to all of the plaintiffs' claims. 10 ... claims specifically involving prescription contraceptives since the Texas courts had.
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60 Federal Appellate Court Applies Georgia's Learned ...
https://medicalmalpracticelawyers.com/federal-appellate-court-applies-georgias-learned-intermediary-doctrine-to-deny-stroke-victims-recovery/
Georgia's learned intermediary doctrine imposes on prescription drug manufacturers a duty to adequately warn physicians, ...
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61 Essure Lawsuits and Legal Strategies Adverse to Gynecologists
https://www.jmig.org/article/S1553-4650(17)30177-2/pdf
From the Department of Obstetrics and Gynecology, The University of Texas ... termed the ''learned intermediary doctrine'' in an effort to shift blame to ...
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62 Inside the Learned Intermediary Doctrine
https://www.americanbar.org/groups/litigation/committees/products-liability/articles/2013/inside-learned-intermediary-doctrine/
› products-liability › articles
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63 The Learned Intermediary Doctrine in the Digital World
https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4913&context=caselrev
A. Liability Under the Learned Intermediary Doctrine . ... B. Exceptions to the Learned Intermediary Doctrine . ... a federal district court in Texas.
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64 Product Liability – Life Sciences | Practices - Holland & Knight
https://www.hklaw.com/en/services/practices/litigation-and-dispute-resolution/product-liability-life-sciences
... state product liability statutes, and the learned intermediary doctrine ... Pennsylvania, New Mexico and Texas, and leading a team in the eligibility ...
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65 for Cybermedicine - IUPUI ScholarWorks
https://scholarworks.iupui.edu/bitstream/handle/1805/25457/Cyber%20Malpractice%20Legal%20Exposure%20for%20Cybermedicine.pdf?sequence=1
Second, drug manufacturers have employed the learned intermediary doctrine ... 1999) (holding that Texas' learned intermediary doctrine precludes ...
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66 The Learned Intermediary Rule and Direct-to-Consumer ...
https://blog.petrieflom.law.harvard.edu/2014/11/20/the-learned-intermediary-rule-and-direct-to-consumer-advertising/
In the field of pharmaceutical product-liability litigation, the Learned Intermediary Rule (LIR) is a defense doctrine for failure to warn ...
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67 Learned Intermediaries and Sophisticated Users - UKnowledge
https://uknowledge.uky.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1397&context=law_facpub
doctrines, such as the learned intermediary rule and the sophisticated ... Texas law, a bulk supplier could not discharge its duty to warn merely.
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68 Challenging the Wisdom of the Learned Intermediary Doctrine
https://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=2233&context=wmlr
In December 1992, a Texas court awarded a record $25 million ... lated the learned intermediary doctrine in 1966,9 courts began limit-.
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69 Civil - 400.00 STRICT PRODUCT LIABILITY - Illinois Courts
https://www.illinoiscourts.gov/Resources/0d3c1376-a0f2-4920-97be-d106325b2510/400.00.pdf
This instruction should be given only in cases involving prescription pharmaceuticals and other products to which the “learned intermediary” doctrine applies to ...
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70 The Duty to Warn and the Learned Intermediary Rule
https://via.library.depaul.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1239&context=jhcl
1999) (holding that Texas' intermediary doctrine precluded manufacturers' liability). 1°°See Perez v. Wyeth Lab., Inc., 713 A.2d 588 (N.J. Super ...
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71 The Sophisticated User Defense: It's Not Just for Drug ...
https://www.sgrlaw.com/articles/2011/
The sophisticated user defense, also known as the learned intermediary doctrine, has been widely used by drug manufacturers in defending against failure to ...
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72 Intermediary - Texas REALTORS
https://www.texasrealestate.com/members/legal-and-ethics/resources/legal-faq/intermediary/
The Texas REALTORS® promulgated listing agreements and buyer/tenant representation agreements contain language necessary to fully comply with TRELA when ...
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73 IN THE SUPREME COURT OF TEXAS
http://docs.texasappellate.com/scotx/op/10-0223/2012-06-08.green.pdf
JUSTICE GREEN delivered the opinion of the Court. Under the learned intermediary doctrine, the manufacturer of a pharmaceutical product.
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74 Randall L. Christian | Attorneys - Bowman and Brooke LLP
https://www.bowmanandbrooke.com/attorneys/randall-l-christian
... enforcement actions alleging Medicaid fraud and has significant experience defending companies sued under the Texas Medicaid Fraud Prevention Act.
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75 The Duty Problem with Liability Claims against One ...
http://www.klgates.com/files/Publication/ee3683c5-791e-4e59-a7d7-57980901f680/Preview/PublicationAttachment/90bfd99e-1ff9-46e5-8cf5-9f1c2ae2e8dc/Peterit.pdf
bility cases in Texas, and several other significant jurisdictions. ... in 2005 by Texas Monthly and Law & ... avoid application of the learned intermediary.
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76 Legal Update - TREC - Texas.gov
https://www.trec.texas.gov/sites/default/files/2020-2021%20Legal%20Update%20II%20Student%20Manual.pdf
AGENCY. Learning Objectives. After this chapter, you will be able to. → Explain the intermediary process. Explain the difference between intermediary with ...
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77 Crooked judges, learned intermediaries, and laundering ...
https://ij.org/sc_newsletter/crooked-judges-learned-doctors-and-laundering-lawyers/
Crooked judges, learned intermediaries, and laundering lawyers. ... so Nebraska's learned-intermediary doctrine means the company is not ...
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78 West Virginia Adopts Learned Intermediary Doctrine
https://www.molllawgroup.com/blog/west-virginia-adopts-learned-intermediary-doctrine/
Since its inception in 1995, the learned intermediary doctrine has been controversial. Opponents of the doctrine argue that it prevents ...
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79 Doctor's finanical tie does not overcome Florida's learned ...
https://www.reuters.com/legal/government/doctors-finanical-tie-does-not-overcome-floridas-learned-intermediary-doctrine-2021-05-28/
The learned intermediary doctrine, which is recognized in some form by most states, holds that drug and device makers' duty to warn of risks ...
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80 RQ-0371-KP - Texas Attorney General
https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2020/pdf/RQ0371KP.pdf
anesthetists (CRNAs), and patients of Texas, the Texas Medical ... learned intermediary doctrine to relieve the manufacturer of liability.
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81 Liability Law: Failure to Warn, the Learned Intermediary ... - jstor
https://www.jstor.org/stable/26660398
the learned intermediary doctrine has been a key defense for pharmaceutical companies ... Texas law, granted summary judgment on a failure-to-warn claim, ...
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82 The Learned Intermediary Doctrine: Uniformity at Last?
https://www.lawjournalnewsletters.com/sites/lawjournalnewsletters/2016/04/01/the-learned-intermediary-doctrine-uniformity-at-last/
2d 508 (App. Div. 1948), the learned intermediary doctrine addresses this dilemma by providing that manufacturers of prescription medicines need ...
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83 Re-Examining the Learned Intermediary Doctrine
https://www.bakerdonelson.com/files/Uploads/Documents/IADC%20product%20liability.pdf
Turner and Julie Schiff re-examine the learned intermediary doctrine, a long-standing defense for drug and medical device manufacturers facing potential ...
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84 July 26, 2022] PAUL TREVINO and - Courts.RI.gov
https://www.courts.ri.gov/Courts/SuperiorCourt/SuperiorDecisions/18-8437-MotionForSummary.pdf
Court would likely adopt the learned intermediary doctrine if faced ... the “District Court for the Southern District of Texas rejected the.
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85 Medical Litigation - Thiebaud Remington Thornton Bailey LLP
https://www.trtblaw.com/medical-litigation/
... one of the first law firms in Texas to focus its practice exclusively on health law ... The Learned Intermediary Doctrine and Its Effects on Prescribing ...
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86 Unlabeled Drug Samples and the Learned Intermediary
https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1043&context=lawfacpub
learned intermediary rule for warnings about sampie prescription drugs. Part V ... 1974) (applying Texas law); Givens V. Lederle, 556 F.2d 1341 (5th.
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87 The Pharma 5: Washington knocks out wobbly D2C exception ...
https://www.nortonrosefulbright.com/en-us/knowledge/video/69faf568/20220627-the-pharma-5-washington-knocks-out-wobbly-d2c-exception-to-worthy-learned-intermediary
Norton Rose Fulbright
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88 The Continued Viability of the Learned Intermediary Rule as it ...
https://scholarship.richmond.edu/cgi/viewcontent.cgi?article=1738&context=lawreview
The learned intermediary rule emphasizes the role of the physician in ... it was foreseeable that the vaccine sold to the Texas Department of Health would ...
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89 Moving Beyond The Learned Intermediary Doctrine
https://www.meddeviceonline.com/doc/moving-beyond-the-learned-intermediary-doctrine-0001
Hygenic Corp., for example, the Texas Court of Appeals found that the manufacturer's duty to warn extended to the hospital as the intermediary.
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90 About Defective Drug Lawsuits & Texas Laws, Lawyers
https://www.hotzerunkle.com/2020/01/09/what-you-need-to-know-about-defective-drug-lawsuits-texas-laws/
Failure to properly advertise is a reasonable claim to file since Texas adopted the learned intermediary doctrine, which means that in some ...
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91 Wyeth-Ayerst Laboratories Co. v. Medrano, 28 S.W.3d 87 (2000)
https://cite.case.law/sw3d/28/87/
However, no Texas state courts have specifically addressed whether the learned intermediary doctrine is a common-law defense. There are, however ...
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92 400.07B. Strict Product Liability-Duty to Warn-Learned ...
https://www.formsworkflow.com/form/details/111110-illinois_ji-400-07b-strict-product-liability-duty-to
400.07B. Strict Product Liability-Duty to Warn-Learned Intermediary Doctrine | Pdf Doc Docx | Illinois_JI.
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93 Texas Disciplinary Rules of Professional Conduct
https://www.texasbar.com/AM/TemplateRedirect.cfm?Template=/CM/ContentDisplay.cfm&ContentID=27271
As intermediary between clients, a lawyer seeks to reconcile their divergent interests as an ... As a member of a learned profession, a lawyer should.
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94 PHARMACISTS' DUTY TO WARN
https://www.nacds.org/pdfs/membership/duty_to_warn.pdf
A few state courts have rejected the learned intermediary doctrine, ... 1993) (pharmacies do not have a duty to warn customers in Texas.
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95 The Learned Intermediary Doctrine: A Retrospective Review ...
https://samizdathealth.org/wp-content/uploads/2020/12/The-Learned-Intermediary-Doctrine-2.27.14-Presentation-Slides.pdf
The phrase “learned intermediary” was first used in Sterling Drug, Inc. ... However, the Texas Supreme Court overturned this decision and.
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96 Learned Intermediary Mandates Dismissal of 31 of 32 New ...
https://www.linkedin.com/pulse/learned-intermediary-mandates-dismissal-31-32-new-jersey-v
But since the learned intermediary rule is virtually universal, even under other states' law (Kansas, Louisiana, California, Texas) the ...
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