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The learned intermediary doctrine says the manufacturer of a prescription drug or medical device has no legal duty to warn consumers of the dangers of the product so long as adequate warnings are provided to the prescribing physician. But in this era of patients taking more control over their health care and pharmaceutical companies marketing directly to the consumer, the learned intermediary doctrine as an affirmative defense appears to be on the wane.
December 18, 2000 at 12:00 AM
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The original version of this story was published on Law.Com
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