Centocor, Inc. v. Hamilton
- Case Date: 12/2/2011
- Project Name: Health Care Project
On June 8, 2012, the Texas Supreme Court refused to adopt any exceptions to the “learned intermediary rule,” which limits the tort liability of drug companies. The decision was a victory for WLF, which filed a brief urging the court to overturn the lower court’s recognition of an exception in cases involving direct-to-consumer advertising. The learned intermediary rule holds that a manufacturer has no duty to provide safety warnings directly to consumers, so long as it has supplied adequate warnings to an appropriate intermediary who can be expected to pass the warnings along. In the case of prescription drugs, the rule provides that drug manufacturers fulfill their duty by giving complete warnings to the prescribing doctor. The court agreed with WLF that the rule should not be abrogated simply because the manufacturer engages in consumer advertising; it held that because consumers can obtain drugs only with a doctor’s prescription, any warnings should come directly from the doctor.
More Information and Downloads:
12/2/2011: Download the Brief
Litigation Update: Court Upholds Learned Intermediary Rule, Declines To Create Exceptions
Press Release: Court Urged To Uphold The Learned Intermediary Rule