Learned Intermediary Doctrine Bars Clozaril Claims, Court Affirms

NEW ORLEANS - A Louisiana appeals court majority has affirmed that the learned intermediary doctrine precludes Clozaril injury claims brought against Novartis Pharmaceuticals Corp. Ezeb v. Novartis Pharmaceuticals Corp., No. 09-0821 (La. App., 4th Cir.).

On March 31, the majority, led by Judge Terri F. Love of the Louisiana Court of Appeal, 4th Circuit, found that the plaintiff failed to present evidence that the warning accompanying the antipsychotic drug was inadequate or that the alleged inadequate warning caused his injuries.

Wayland Ezeb was prescribed Clozaril in 1990 for the treatment of schizophrenia by Dr. Patrick Dowling. During the first few …