Jones v. Abbott Laboratories
- Case Date: 6/3/2013
- Project Name: Health Care Project
On August 19, 2013, the Tennessee Supreme Court rejected a request by plaintiffs’ attorneys that it reconsider its adherence to the “learned intermediary doctrine,” which limits the liability of drug companies in product liability suits. At the request of those attorneys, a federal district court sent “certified questions” to the Tennessee court in an effort to ascertain whether Tennessee still adhered to the doctrine. The August 19 order was a victory for WLF, which filed a brief urging the court not to accept the certified questions for review. WLF noted that the learned intermediary doctrine has been upheld by 48 States (including Tennessee), and it urged the court to adhere to the doctrine. The doctrine holds that a prescription drug manufacturer has no duty to provide safety warnings directly to a consumer, so long as the manufacturer has supplied adequate warnings to the consumer’s doctor, who can be expected to pass along appropriate warnings to his patients.
More Information and Downloads:
6/3/2013: Download the Brief
Litigation Update: Tennessee Court Declines To Revisit The Learned Intermediary Doctrine