Articles Tagged with learned intermediary

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Alabama Injury Lawyers
This might be a boring technical topic for some readers. But, it’s an important issue in the world of injury claims involving bad drugs. In recent years, we’ve worked numerous personal injury claims involving prescription medications.

Do Drug Companies Have To Warn Patients Of Medicine Risks?

You’ve probably seen a drug ad on television. Those commercials usually follow the same script. Soft music. Smiling people. The actors all appear to be living happy lives courtesy of some pill. Then, at the end, the drug company flashes a really quick list of pretty scary potential side effects. If it’s a 30 second ad, the first 29 seconds talk all about how the pill cured the actor’s arthritis. Then, at the last second, a quick warning appears:  Don’t take this pill if you are a human between the ages of 20 and 90. Otherwise, your arms may fall off! Consult your doctor.

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Injured-by-a-dangerous-drug-or-defective-medical-device-200x300On December 22, the 11th Circuit issued a new opinion dealing with the Learned Intermediary Doctrine under Georgia law. Many states, including Alabama, follow the same or similar versions of this doctrine. The Learned Intermediary Doctrine is a key issue in personal injury cases involving dangerous or defective prescription medications. If you suffered a serious injury from a bad drug, this legal doctrine may decide whether or not you can recover damages for your injuries.

What Is The LEARNED INTERMEDIARY DOCTRINE? How The Doctrine Impacts Bad Medication Cases.

So, what is the learned intermediary doctrine? Let’s start with the new 11th Circuit case, Hubbard v. Bayer Healthcare Pharmaceuticals. The case involved a Georgia lady who suffered a catastrophic stroke while taking the prescription contraceptive Beyaz. Later, she sued Bayer claiming the company failed to warn adequately of the stroke risk.

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