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Tag Archives: failure to warn

Learned intermediary doctrine bars Remicade suit

A prescription drug manufacturer’s use of direct-to-consumer advertising did not preclude the application of  the learned intermediary doctrine to bar a patient’s product liability claim, the Texas Supreme Court has ruled in reversing a $4.5 million judgment.

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Ruling may save suits against generic drug makers

Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right. But last week a federal appeals ...

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