STORY FROM: Drugs & Medical Devices

Enbrel Plaintiff Seeks Rehearing of Appeal, Says Doctor Was Not Learned Intermediary

TAMPA, Fla. - The plaintiff in an Enbrel infection case has asked a federal appeals court for a rehearing, arguing the court overlooked several facts in affirming a lower court decision that the learned intermediary doctrine bars failure-to-warn claims because the prescribing doctor was aware of the risks.

In a Feb. 12 petition filed in the 11th Circuit U.S. Court of Appeals, plaintiff Rebecca Small asserts that her prescribing doctor was not a learned intermediary for the risk of restarting Enbrel after a serious infection. The plaintiff further argues that the medication guide accompanying Enbrel transferred the duty to warn ...

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