The Learned Intermediary Doctrine: A Historical Review

Law360, New York (October 16, 2014, 9:57 AM EDT) -- The learned intermediary doctrine is a long-recognized exception for manufacturers of prescription drugs to the general rule that manufacturers have a duty to warn end-users directly about the risks of their products. Specifically, the rule shields prescription drug manufacturers from product liability provided they have adequately warned the prescribing physician as opposed to the patient about the risks inherent in a drug.

The rule is premised on the assumption that a patient can only obtain prescription drugs from a doctor, and that the doctor is in the best position to assess the risks and benefits of a drug for a particular...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!