Does a manufacturer of a prescription drug or medical device have a duty to warn a physician of the dangers associated with the product?

MultiRegion, United States of America

The following excerpt is from Bookerv. C. R. Bard, Inc. (In re Bard IVC Filters Prod. Liab. Litig.), 969 F.3d 1067 (9th Cir. 2020):

There is some logic to those decisions: manufacturers generally do not have special access to information about their competitors products, and such information might be difficult for consumers to evaluate meaningfully. On the other hand, a jury could find it significant that the warnings in this context are not provided directly to the ultimate consumer. Under the learned-intermediary doctrine, "the manufacturer of a prescription drug or medical device does not have a duty to warn the patient of the dangers involved with the product, but instead has a duty to warn the patient's doctor, who acts as a learned intermediary between the patient and the manufacturer." McCombs v. Synthes (U.S.A.) , 277 Ga. 252, 587 S.E.2d 594, 595 (2003). Comparative-risk information that might be meaningless to a layperson could be very important to a physician, or so a jury could find.

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