Learned Intermediary Doctrine Does Not Defeat Failure-To-Warn Claims

NASHVILLE, Tenn. - A Tennessee federal judge has denied Novartis summary judgment on failure-to-warn claims in an Aredia and Zometa injury suit, ruling that the learned intermediary doctrine does not apply. In re Aredia and Zometa Products Liability Litigation, No. 3-06-MD-1760 (M.D. Tenn.).

On Dec. 7, Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee noted that the prescribing doctor testified that she would have taken a different course of conduct before prescribing the drugs had she been provided with a different warning.

Susan Eberhart sued Novartis, alleging that Aredia and Zometa caused her …