Kentucky Supreme Court Adopts Learned Intermediary Rule

FRANKFORT, Ky. - In answering a certified question from the 6th Circuit, the Kentucky Supreme Court on June 17 adopted the learned intermediary rule, which states that a manufacturer cannot be found liable for a person's injuries if it provided an adequate warning to the prescribing physician. Larkin v. Pfizer Inc. et al. No. 01-5340 (Ky. Sup. Ct.).

In a 4-3 vote, the state's high court adopted the Restatement (Third) of Torts: Products Liability § 6(d), but did not decide which of the statute's exceptions would be implemented within the state.

Under the statute, there are three situations where …