STORY FROM: Drugs & Medical Devices

Learned Intermediary Doctrine Bars Avandia Failure-To-Warn Claims, 3rd Cir. Affirms

PHILADELPHIA — Utah’s learned intermediary bars failure-to-warn claims asserted in an Avandia action because the plaintiff’s doctor testified that he would still have prescribed the diabetes drug had he been provided with additional information concerning its risks, a federal appeals court has affirmed.

In a Dec. 28 opinion, the 3rd Circuit U.S. Court of Appeals agreed with the trial court that there was no factual dispute on causation.

Utah resident John Siddoway was initially prescribed Avandia in 2001 to treat his type II diabetes. In 2003, he suffered two heart attacks and ultimately underwent a successful heart transplant operation. Siddoway ...

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