Learned Intermediary Doctrine Defeats Warning Claims in Enbrel Infection Case, Fla. Federal Judge Rules
September 29, 2015
DOCUMENTS
- Order
TAMPA, Fla. — The learned intermediary doctrine bars failure-to-warn claims in an Enbrel infection case because the prescribing doctor had extensive knowledge of the drug’s risks and testified that her decision to prescribe Enbrel to the plaintiff would not have been altered by a different warning, a Florida federal has ruled.
However, in the Sept. 25 order, Senior Judge John E. Steele of the U.S. District Court for the Middle District of Florida ruled that the doctrine does not bar the design and manufacturing defect claims, noting that defendants failed to proffer any evidence showing that Enbrel was as safe …
FIRM NAMES
- Hogan Lovells
- Law Office of Keith Altman
- Parker Waichman
- Shook Hardy & Bacon
UPCOMING CONFERENCES
HarrisMartin’s Artificial Stone Silicosis Epidemic Litigation Conference
April 08, 2025 - Long Beach, CA
The Westin Long Beach
HarrisMartin's MDL Conference: Depo-Provera and Current MDL Cases
January 29, 2025 - Miami Beach, FL
The Coral Ballroom at the Fontainebleau Miami Beach