Practice Tip: Failure-to-Warn Causation and The Learned Intermediary

In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.

44 minute read April 29, 2010 at 10:55 AM
By
Lori G. Cohen And Daniel I.a. Smulian
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary

In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. With respect to pharmaceutical products, the relative ease of asserting this claim stands in stark contrast to the difficulty of proving either a manufacturing or design defect.

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