Learned Intermediary Question Certified to Mich. Supreme Court

DETROIT — In a case involving injuries allegedly caused by Nuvasive Inc.’s limb lengthening device, a Michigan federal judge has asked the state’s highest court to decide whether medical device manufacturers are required to warn patients directly of any risks posed by their products.

On July 30, Judge Linda V. Parker of the U.S. District Court for the Eastern District of Michigan certified the questions of whether the Michigan Supreme Court held in a previous case that the learned intermediary doctrine does not exist in Michigan and will not exist until the legislature creates it.

Judge Parker also asked the …