House Bill Targets Learned Intermediary Defense

Law360, New York (February 9, 2011, 2:22 PM EST) -- Rep. Bob Filner, D-Calif., has reintroduced a bill in the U.S. House of Representatives that would strike the learned intermediary defense in tort claims based on product liability.

H.R. 542, the Consumer Protection Act of 2011, was filed Tuesday and mirrors legislation Filner filed in the previous session of Congress.

The bill would prohibit manufacturers from defending themselves against tort claims in any U.S. court by arguing that they fulfilled their duty of care by giving a learned intermediary — a doctor, for instance — the...
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