Whether additional warnings would have made a difference to learned intermediary physicians was the issue to be decided in two appellate decisions handed down this week. On facts that weren’t all that much different – at least as far as the prescribers were concerned (hold that thought for later) – the courts came to diametrically different conclusions.

On the one hand, it was lights out for a Georgia plaintiff, (more…)

Quite some time ago (at least a month) a reader asked us to comment on how the learned intermediary rule affects the need for expert testimony to prove the adequacy of warnings pertaining to drugs and medical devices. Well, that request wasn’t the kind of thing that had any time urgency on it, so we’re only now getting around to it.

We hope it’s better late than never.

The question of expert witnesses and warnings (more…)

We’ve already commented on what a bad idea the pending NY bill to abolish the learned intermediary rule is. Of course every defense lawyer who frequents this site already knows that, but if anybody out there needs persuading, here’s some more information.

Or you can just go read the package insert for just about any prescription drug out there (just Google “package insert”), and think about what the average joe who needs a prescription (more…)

is a Counsel resident in the Philadelphia office of Dechert LLP. He is the author of, among other things, Drug and Medical Device Product Liability Handbook (2004) (with Anthony Vale). He can be reached at james.beck@dechert.com.
is a partner resident in the Chicago office of Jones Day. He is the author of, among other things,
(2006), and Statewide Coordinated Proceedings: State Court Analogues to the Federal MDL Process (2d rev. ed. 2004) (more…)