We cannot comment, but commend to your study the recent decision by the Texas Supreme Court on the applicability of the learned intermediary doctrine under state law. See Centocor Inc. v. Hamilton et al., No. 10-0223 (6/8/12, Texas).
In the context of prescription medication, the learned intermediary doctrine holds that a drug manufacturer satisfies its duty to warn when it informs a prescribing physician about the drug’s potential risks. Most but not all jurisdictions have adopted the doctrine.
Congratulations to my colleagues at Shook, Hardy & Bacon, including Gene Williams. and Manuel Lopez.