Neb. Woman Challenges Ruling that Learned Intermediary Applies to Birth Control Devices

OMAHA — A Nebraska woman has asked the 8th Circuit U.S. Court of Appeals to review a federal judge’s ruling that the learned intermediary doctrine defeats her failure-to-warn claims in a lawsuit targeting Teva’s ParaGard intrauterine contraceptive device.

The plaintiff is challenging a Feb. 19 order in which the U.S. District Court for the District of Nebraska predicted that the Nebraska Supreme Court would apply the learned intermediary doctrine to contraceptive devices.

Stephanie Ideus underwent implantation of Teva’s ParaGard T-380 device. During removal of the device in 2014, a piece broke off and became imbedded in the myometrium of Ideus’s …