Who is a learned intermediary

The bottom line: Manufacturers rely on doctors because the products in question require prescriptions. That one step of removal is enough, in most states, to shield them from liability. Not sure if your health care liability claim is barred because of the learned intermediary doctrine?

Talk to an attorney as soon as possible. He or she will be able to put your mind at ease. While our editors carefully moderate all comments, Enjuris cannot guarantee the authenticity or accuracy of the information contained in the post.

Such information should not be used as a substitute for obtaining legal advice from a professional. We always recommend consulting with an attorney or other legal professional if you require legal advice.

Lastly, we will not publish any comments that we determine are promotional, hateful or inappropriate. Mecta Corp. The Riera plaintiffs claimed that they suffered permanent memory loss after being administered electroshock therapy with a machine manufactured by the defendant.

They sued the manufacturer for failure to warn them of the risk of permanent memory loss. The manufacturer raised the learned-intermediary doctrine as a defense, asserting that it had no duty to warn the plaintiffs directly and had only to warn their doctors. Share learned intermediary doctrine.

Accessed 11 Nov. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! Log in Sign Up. Save Word. Legal Definition of learned intermediary doctrine. Texas Prior to adopting the learned intermediary doctrine with regard to prescription drugs, Texas recognized generally that some manufacturers or suppliers utilized an intermediary to communicate warnings to the users of a product. Virginia While the Supreme Court of Virginia has not explicitly adopted the learned intermediary doctrine, the Court has seemed to apply the doctrine as far back as Challenges and Exceptions Certain exceptions have been carved into the learned intermediary doctrine.

One such exception is for vaccines administered in public, mass clinics where a physician is not involved. It is now widely accepted that every state recognizes the learned intermediary doctrine in some form. Despite the U. Cornish , F. Pfizer, Inc. Chapman , N. Downs , N. Eurocopter Corp. Pierce Mfg. Pfizer Inc. Gunderson , S.