11th Cir. Upholds Learned Intermediary Bar on Oxycontin Claims
June 11, 2007
DOCUMENTS
- Opinion
ATLANTA - A federal appeals court has affirmed a ruling in favor of the manufacturer of Oxycontin, determining that the learned intermediary doctrine applied to bar claims that doctors weren't adequately warned about addiction-related side effects associated with the drug. Bodie v. Purdue Pharma Co., et al., No. 05-13834 (11th Cir.).
In a June 1 opinion, the 11th Circuit U.S. Court of Appeals upheld a lower court's summary judgment award which highlighted the independent knowledge of a plaintiff's treating physician, who testified that he took factors other than information provided by the manufacturer into consideration before prescribing Oxycontin.
Because plaintiff …
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