Learned Intermediary Doctrine Shields Hepatitis Drug Manufacturer from Liability, Court Affirms

CHICAGO - The learned intermediary doctrine defeats failure-to-warn claims brought by a man who suffered vision loss from taking a hepatitis drug manufactured by Schering Corp., an Illinois appellate court ruled. Hernandez v. Schering Corp., No. 1-09-3306 (Ill. App. Ct., 1st Div.).

On Sept. 30, the Illinois Court of Appeals, 1st Division, affirmed that by offering an educational class to consumers who were prescribed the drug, Schering did not expose itself to liability under a theory of "voluntary undertaking."

In December 2001, Gilberto Hernandez tested positive for Hepatitis C(HCV) and was referred to Dr. Suleiman Hindi, a physician specializing in …