Learned Intermediary Doctrine Defeats Claims, 5th Circuit Affirms
May 1, 2008
DOCUMENTS
- Opinion
NEW ORLEANS - The learned intermediary doctrine defeats failure-to-warn claims brought by the widow of a man who committed suicide after taking Wyeth's Effexor, the 5th Circuit U.S. Court of Appeals affirmed April 24. Ackermann v. Wyeth, No. 06-41774 (5th Cir.).
The court, led by Chief Judge Edith H. Jones, affirmed summary judgment in favor of Wyeth, ruling that the plaintiff failed to demonstrate causation.
In November 2001, Martin Ackermann, 53, began taking the antidepressant drug Celexa for his clinical depression. In January 2002, he began to see a psychiatrist, Dr. Thomas Sonn, who gave him samples of Effexor. …
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