Learned Intermediary Doctrine Only Extends to Surgeon, Not Hospital, Wash. Appeals Court Rules in Robotic Surgery Action

TACOMA, Wash. — The manufacturer of the da Vinci System surgical robot only had a duty to warn the treating surgeon and not the hospital that purchased the device, because the learned intermediary doctrine only extends to the “gatekeeper” who stands in the place of the manufacturer to provide warnings about unavoidably unsafe prescription devices, a Washington appellate court has held.

In a July 7 opinion, the Washington Court of Appeals, 2nd Division, further held that a negligence standard governs the duty to warn a learned intermediary about a medical product.

In 2008, Fred Taylor was treated for prostate cancer …