The Uncertain Fate Of Learned Intermediary Doctrine
May 2, 2012, 1:05 PM EDT
Law360, New York (May 2, 2012, 1:05 PM EDT) -- The term “learned intermediary” was coined in a 1966 decision by the U.S. Court of Appeals for the Eighth Circuit when the court reasoned that, in situations involving prescription drugs rather than normal consumer items, “the purchaser’s doctor is a learned intermediary between the purchaser and the manufacturer.”
Forty-nine years, thousands of cases and millions of legal fees later, the learned intermediary doctrine is recognized in a majority of states. However, and despite its progression and general acceptance, a line of cases presents challenges to the...