W.Va. High Court Refuses to Adopt Learned Intermediary Doctrine

CHARLESTON, W.Va. - The learned intermediary doctrine as it applies to pharmaceutical liability cases is based on an archaic notion that is superseded by advances in technology and the prescription drug industry's push to market products directly to consumers, West Virginia's highest court has opined in a recent ruling refusing to adopt the doctrine. State of West Virginia Ex Rel. Johnson & Johnson Corp., et al. v. The Honorable Mark A. Karl, et al., No. 33211 (W.Va. Sup. Ct. App.).

In a decision issued June 27, the West Virginia Supreme Court of Appeals denied a petition for writ of prohibition …