Learned Intermediary Doctrine Applies to Birth Control Devices, Neb. Federal Judge Rules

OMAHA, Neb. — A Nebraska federal judge has dismissed a lawsuit accusing the maker of an intrauterine birth control device of failing to adequately warn a patient that it could break or become embedded in the uterus, a Nebraska federal judge has held, ruling that the learned intermediary doctrine applies to contraceptive devices.

In a Feb. 19 order, Chief Judge John M. Gerrard of the U.S. District Court for the District of Nebraska predicted that the Nebraska Supreme Court would not distinguish contraceptive devices from other prescription drug products. The judge further found that the device’s package insert adequately warned …