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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.

28 minute readDecember 27, 2007 at 10:28 AM
By
Lori G. Cohen
Shirley Lee
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine

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

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