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 readApril 29, 2010 at 10:55 AM
By
Lori G. Cohen
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

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