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Mass Tort & MDL

Learned Intermediary Doctrine

The rule that a manufacturer's duty to warn runs to the prescribing physician, not the patient.

Adopted in most states for prescription drugs and devices, the doctrine makes the adequacy of the physician's warning the operative question and injects an individualised issue — what this prescriber knew and would have done — into every claim. Direct-to-consumer advertising exceptions have been recognised in a minority of jurisdictions.

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