In Texas, The Learned Intermediary Doctrine Holds Steady

Law360, New York (June 22, 2012, 1:35 PM EDT) -- The learned intermediary doctrine remains alive and well in Texas. In an important decision for the pharmaceutical industry, the Texas Supreme Court rejected the latest attempt to create a direct-to-consumer advertising exception to the doctrine that has guided the industry’s duty to warn for decades.

First recognized over 50 years ago[1], the learned intermediary doctrine permits a manufacturer to satisfy its duty to warn end-users of the risks associated with a product by providing an adequate warning to an intermediary, for example, a health care provider,...
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