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13 Nov 2014, 5:00 am
Well, first the learned intermediary rule means that the duty to warn only runs to prescribers, not patients, so prescription medical product warnings are judged by what such learned intermediaries are expected to know and respond to. [read post]
8 Jan 2015, 9:44 am
That’s the same duty-to-warn-about-anything-that’s-foreseeable argument that’s at the core of innovator liability claims. [read post]
14 Dec 2015, 2:14 pm
While a manufacturer may argue that their particular component design is perfectly safe when used properly, they have a duty to warn consumers of potential, known risks associated with misuse of the product. [read post]
4 Mar 2010, 10:58 am
She claimed there should be a duty to warn about possible risks of possible off-label uses. [read post]
20 Dec 2017, 4:44 pm
Cruise lines also have a legal duty to warn passengers of dangers in foreign ports of call. [read post]
7 Aug 2014, 5:00 am
While prescription drugs and medical devices are often lumped together in this area of the law, the Court declines to apply [medical device] dicta regarding permissible prescription drug express warranty claims in the face of a uniform body of prescription drug cases reading Hahn as barring such claims.Id. at *10 n.8 (citations omitted).There are other interesting rulings in Rowland (as is usually the case with A/Z cases) − (1) no learned intermediary duty to warn to… [read post]
13 Nov 2013, 1:13 pm
Prescription drug manufacturers have a duty to provide adequate warnings in connection with their products, but only to prescribing physicians – the learned intermediaries – and not directly to patients. [read post]
17 Dec 2015, 5:50 pm
The manufacturer's duty to warn extends to the treating physician, and not directly to the patient. [read post]
17 Jan 2013, 1:43 pm
” Assuming that a duty to warn falls on the hospital . [read post]
8 Apr 2014, 6:15 am
South Carolina recognizes the learned intermediary doctrine, and as we all know under that doctrine the manufacturer’s duty to warn runs to the prescribing doctor, not the patient. [read post]
29 Nov 2013, 3:43 am
“Under Florida law, a manufacturer’s duty to warn physicians only extends to the risks or dangers posed by a drug. [read post]
17 Jan 2014, 10:58 am
Here's an overview of the conference agenda:Monday April 7, 2014General Conference Day 1Welcome & Opening RemarksKeynote Address: "Duty to Warn and Duty to Protect: Considerations, Issues, Liabilities and Best Practices" -- Judy Bruner, UC San Diego Campus Ombudsperson; John Nicoletti, Police Psychologist Plenary: "Anatomy of a Crisis" -- Don Eloe, John Nicoletti, Steve SmidtSession with the IOA BoardVolunteer Recognition LuncheonConcurrent… [read post]
16 Sep 2014, 12:48 pm
Joan might have written one or more prescriptions, but it was vague, uncertain, minimal evidence, and the court did not seem to consider it The plaintiff argued that the defendant’s duty to warn ran not only to Dr. [read post]
18 Feb 2013, 3:42 pm
As Mensing concluded, preemption is thus triggered since it would be impossible for PLIVA to comply with both the state law duty to warn and the federal law duty of sameness.Id. at *6-7.Plaintiffs next tried a “failure to update” claim – that is, that the generic manufacturer failed to meet its duty under federal law to update its label to match that of the branded manufacturer. [read post]
18 Aug 2014, 8:38 am
The infamous Conte decision only dealt with duties to warn and did “not alter the basic requirement that a plaintiff who asserts a claim for restitution under the UCL show that the defendant received the money or property that he lost. [read post]
30 May 2013, 12:58 pm
It’s another of those supposed torts (like duty to test) that’s really little more than duty to warn dressed up in different garb. [read post]
10 Mar 2015, 4:30 am
Because the jury returned a general verdict that simply found for the defendant on the two claims of (1) “Negligence – Manufacturer or Supplier – Duty to warn” and (2) “Strict Liability – Failure to Warn,” the appellate court was required to infer that the jury by its general verdict found for the defendant on every issue submitted. [read post]
14 Oct 2013, 10:22 am
As has been tried many times before, Plaintiff sought to use the fact that the manufacturer had directed educational and/or marketing materials directly to patients as a basis to bypass the duty to warn the prescribing doctor. [read post]
18 Feb 2013, 7:23 am
But a duty to disclose is also required, which only arises in certain circumstances. [read post]
2 Jul 2015, 11:18 am
O’Neill, 53 Cal. 4th 335 (2011), where it held that a manufacturer has no duty to warn of hazards in another manufacturer’s product due to “foreseeability. [read post]
