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Unimpressed Learned Intermediaries Defeat Warning Causation

Drug & Device Law

The law presumes that licensed doctors know what they are doing. The plaintiffs’ causation allegations foundered in Himes because the treating physician did not believe that the claimed risks of electroconvulsive therapy were all that big of a deal, and thus did not warn about it. April 1, 2022) (the companion case to this ).

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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

Further, “both doctors testified that they still prescribe [the drug] for patients with conditions similar to plaintiff’s condition.” 2007 WL 2526402, at *3 (D. 2007 WL 5861354, at *4 (C.D. 2007 WL 5861354, at *4 (C.D. Schering Corp. , 2d 1140, 1148 (N.J. 1993) (dissenting opinion). at 1233 (citation omitted).