Court Nixes Jury Verdict, Applies Learned Intermediary Doctrine

, The American Lawyer


The pharmaceutical industry scored a big win on June 7 in the Texas Supreme Court. Not only did the court knock out a $3.6 million verdict against a Johnson & Johnson subsidiary that makes the drug Remicade, but it set a new, tougher standard in the state for bringing cases alleging failure-to-warn and fraud. The court adopted the "learned intermediary" rule, holding that a prescription drug maker fulfills its duty to warn a patient of its product's risks if it gives adequate warnings to the prescribing doctor.

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