The learned intermediary doctrine has long been commonly used as a critical defense in personal injury pharmaceutical and medical device failure-to-warn claims. Under the established doctrine, recognized in nearly all
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
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