Insights & Events

DRI’s For the Defense magazine has published an article authored by Hollingsworth LLP attorneys Aleksandra Rybicki and Olivia Sacks detailing litigation strategies using the learned intermediary doctrine (LID).

Federal and state courts across the country have adopted an exception to the general rule that manufacturers have a duty to warn consumers about the risks of their products: in drug and medical device product liability litigation, a manufacturer fulfills its duty to warn by directing warnings about a product’s potential risks to the prescribing physician, who acts as a “learned intermediary” between the manufacturer and patient. In some instances, the LID can be used to dismiss plaintiffs’ failure-to-warn claims.

The article presents options for addressing the LID at each stage of litigation, including by closely scrutinizing the complaint, assessing whether to challenge proximate causation, and raising the LID at the pleadings stage; advocating for MDL courts to prioritize case-specific discovery of prescribing physicians in the discovery schedule; and addressing LID issues with prescribing physicians during their depositions. The article also considers plaintiffs’ evolving strategies to counter LID and potential defense responses.