Appeals Court Strongly Backs ‘Learned Intermediary’
The 7th Circuit Court of Appeals issued in March a powerful endorsement of the learned intermediary doctrine in multi-district litigation involving a Zimmer knee implant. Attorney Jonah Knobler (Patterson Belknap) writes in a Washington Legal Foundation Legal Opinion Letter that the court rejected arguments saying that the learned intermediary doctrine is no longer valid based on direct-to-consumer advertising.
Knobler says there is a problem with such an argument because although direct-to-consumer advertising may lead a patient to request a particular therapy, it still cannot be obtained unless a healthcare provider has evaluated the potential risks and benefits for the particular patient.
“Zimmer suggests that the campaign against the learned intermediate doctrine may finally be running out of steam, and that the doctrine, now in its sixth decade of life, is stronger and more vital than ever,” Knobler concludes.