The federal court in New Jersey recently granted summary judgment to a drug manufacturer in a failure to warn claim under Texas law. See Solomon v. Br
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learned intermediary
Defense Victory in Bellwether Drug Trial Affirmed
By Sean Wajert on
Posted in Articles, Drug and Device
A state appeals court recently upheld a judgment for defendant in the first bellwether trial in consolidated litigation in New Jersey over claims conc…
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Learned Intermediary Adopted in Texas
By Sean Wajert on
Posted in Articles, Drug and Device
We cannot comment, but commend to your study the recent decision by the Texas Supreme Court on the applicability of the learned intermediary doctrine …
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State Supreme Court Upholds Verdict For Device Maker
By Sean Wajert on
Posted in Articles, Drug and Device
The Connecticut Supreme Court recently took a second look at a case offering guidance on the application of the learned intermediary defense, and affi…
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Appeals Court Affirms Summary Judgment Based on Learned Intermediary Rule
By Sean Wajert on
Posted in Articles, Drug and Device
A federal appeals court recently affirmed judgment for the maker of an anti-depressant drug, ruling that the plaintiff could not show that an allegedl…
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9th Circuit Affirms Summary Judgment In Failure To Warn Case
By Sean Wajert on
Posted in Articles, Drug and Device
The Ninth Circuit has affirmed that the trial court did not err in granting summary judgment for defendant Merck under California’s learned intermedia…
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Maryland Court Resists Imposing “Duty To The World” On Pharmaceutical Maker
By Sean Wajert on
Posted in Articles, Drug and Device
Maryland’s top court recently affirmed summary judgment for defendant Eli Lilly & Co., in a case brought by a widow whose husband was killed in an…
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5th Circuit Clarifies Heeding Presumption in Learned Intermediary Case
By Sean Wajert on
Posted in Articles, Drug and Device
In a previous post, MassTortDefense began analysis of the 5th Circuit’s decision in Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir, Apri…
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5th Circuit Clarifies Learned Intermediary Doctrine and Heeding Presumption
By Sean Wajert on
Posted in Articles, Drug and Device
In Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir, April 24, 2008), the Fifth Circuit addressed a couple of very important issues affect…
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