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 ...

Associated Law Firms
Hogan Lovells
Law Office of Keith Altman
Parker Waichman
Shook Hardy & Bacon

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