Search for: ""duty to warn""
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27 Feb 2014, 6:00 am
Without attempting a discourse on Florida warnings law, it is fair to say that prescription drug warnings are adequate or inadequate based on whether they convey the particular risk to physicians consistent with the actual scientific evidence. [read post]
23 Jan 2014, 6:53 am
Thus, we have footnote 6, reaffirming the learned intermediary rule: “Per the learned intermediary doctrine, the manufacturer’s duty to warn is directed to physicians. [read post]
4 Jan 2013, 12:53 pm
[I]n the context of a negligence duty to warn claim, plaintiffs must further establish proximate causation by showing that had defendant issued a proper warning to the learned intermediary, he would have altered his behavior and the injury would have been avoided.2012 WL 6681895, at *13-14 (citations and quotation marks omitted). [read post]
1 Mar 2013, 2:30 pm
“Pennsylvania is where [drug] was manufactured, where the decisions surrounding the language of warnings on the label were made, where the research on the product was conducted, and where the principal personnel [listing 11 individuals]involved either resided or worked. [read post]
18 Mar 2016, 2:04 pm
Thus, the defendant had a duty to strengthen the drug’s warnings in 2001, and if it had done so, it would have prevented their injuries, which were diagnosed in 2012. [read post]
25 Mar 2016, 1:00 pm
Finally, the court held that the defendant had no duty to warn the decedent’s physicians about the non-prescription Motrin the decedent ingested. [read post]
5 Jun 2015, 1:29 pm
Moreover, “even if Plaintiff had presented evidence tying the brochure to Defendant’s duty to warn and to show that [the decedent] had read the brochure, . . . [read post]
26 Apr 2022, 5:01 am
Finally, attackers must take all feasible measures to prevent collateral damage to nonmilitary objectives, including a duty to warn civilian populations that might be affected. [read post]
1 Nov 2012, 2:37 pm
For those down the line they may allege 1) failure to warn; 2) failure to test; and, 3) failure to re-sterilize. [read post]
4 Apr 2014, 4:59 am
Like Averhart, we could quibble with the idea that Minnesota law provides that “[a] proper warning of a drug’s danger to the prescribing doctor obviates the duty to disclose the danger directly to the consumer,” but we do not get to where that matters because the prescriber’s testimony ended the inquiry. [read post]
28 Aug 2015, 10:00 am
But the prescription drug manufacturer does not owe a duty to warn every physician in any specialty who may later treat a pa [read post]
5 May 2019, 9:12 am
It isn’t just that there was a duty to warn, or that the duty was breached causing injury, but also that there was a link between the breach and the injury. [read post]
22 Oct 2014, 4:30 am
Accordingly, whether Florida law imposes a duty to warn upon device distributors such as the [d]istributor [d]efendants is a determination best left to State court. [read post]
31 Jul 2013, 8:18 am
While Alabama law may have its issues, it clearly defines the duty to warn in prescription drug cases as a duty that runs to the prescribing physician (or healthcare provider). [read post]
6 Nov 2014, 5:00 am
July 23, 2010), Karl did not preclude a pharmacy from raising learned intermediary principles as a “shield” from liability because Karl did not arise in “the context of a pharmacist's duty to warn. [read post]
10 Sep 2015, 10:36 am
But even if he had, “there is not duty under Georgia law to report adverse events to the FDA. [read post]
13 Jan 2016, 6:40 am
But beyond baseline liability protection, CISA also cannot be construed by courts to create a common law duty to share information nor any duty to warn or act based on the information received. [read post]
22 Mar 2016, 7:48 am
And that therefore, defendant had a duty to warn of the risks of birth defects from Clomid taken prior to pregnancy. [read post]
8 Jun 2018, 1:44 pm
Woman: The station had a duty to warn me of the danger, perhaps by painting the grooves (which are mandated by state law to contain spills) brightly. [read post]
15 Sep 2011, 5:00 am
“A hospital’s or medical staff’s failures to perform their duties from that point [after having been warned] forward do not operate to create, or to extend, a manufacturer’s duty to warn. [read post]
