Texas High Court Adopts Intermediary Rule In Drug Cases

Law360, New York (June 8, 2012, 10:03 PM EDT) -- The Texas Supreme Court ruled for the first time Friday that prescription drugs fall under the so-called learned intermediary doctrine, reversing a $3.8 million award against a Johnson & Johnson unit and becoming the most significant of the few state high courts yet to adopt the rule for the medications.

The Supreme Court also found that an appeals court was wrong to apply an exception to the doctrine for direct-to-consumer advertising to the case. In the context of prescription medication, the learned intermediary doctrine holds that...
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