Colo. Judge Questions Whether Learned Intermediary Doctrine Extends to Treating Physician in Pondimin Case

DENVER — A Colorado federal judge has denied Wyeth Inc. summary judgment on the issue of whether the learned intermediary doctrine defeats failure-to-warn claims asserted in a Pondimin case, finding a question of fact as to whether the learned intermediary doctrine can extend not only to the prescribing physician, but also to the treating doctor.

On Sept 8, Chief Judge Marcia S. Krieger noted that in this case, the prescribing doctor only signed the blank prescription form and turned it over to the treating doctor, leaving a question as to whether the doctrine should extend to the treating doctor.

In …