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Southern Source Packaging, LLC , 568 F. Plaintiff also argued that the trial court should have allowed her to offer expert causation testimony from the explanting physician, thus raising an issue of material fact to defeat summary judgment. at *5 (quoting Gallagher v. 2d 624, 631 (E.D.N.C.
Thus a confident learned intermediary’s testimony will defeat causation as a matter of law by stating that, notwithstanding a poor result, the treatment provided was standard of care, and even in hindsight they would not do anything different. Confident learned intermediaries stand by their medical decisions. Medrano , 28 S.W.3d
This scenario was the “third hypothetical” in our “ Learned Intermediary Rule 201 ” post back in 2008. The prescriber’s] testimony, however, does not establish that he would have altered his prescribing conduct. Plaintiff] has not identified any testimony from [the prescriber] that. . . Our 2008 post discussed Ackermann v.
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