Articles and Speeches
Consumer-Directed Pharmaceutical Warnings
March 11, 2011
Eric A. Paine
As appeared in For The Defense
Under the learned intermediary doctrine in effect in many jurisdictions, a manufacturer of a prescription drug has a duty to provide an adequate warning of the risks associated with that manufacturer’s drug to a prescribing physician. The learned intermediary doctrine is an exception to the general product liability rule that requires a manufacturer to warn the ultimate user directly.