Warner Robins GA product recall attorneys
Failures to warn claim
Macon Georgia accident attorney
A drug free from manufacturing and design defects may nevertheless give rise to a successful lawsuit if the patient was not properly informed of likely adverse events and other risks arising from the use of the drug. The scope of instruction and warning claims has been a complicated and continually evolving field of product liability law over the past few years. Pharmaceutical manufacturers generally use the “learned intermediary” defense, which protects the manufacturer if it adequately warns or informs the doctor who prescribes the drug. Recent FDA rules can further protect drug makers if they fully inform all adverse events to the FDA and comply with labeling laws. However, the “learned intermediary” defense may be eroded when the manufacturer engages in “direct-to-consumer” advertising and may not be taken advantage of by a drug company if the plaintiff can prove that the warnings on the label were either insufficient or diluted by marketing activity directed to the prescribing physician that encouraged off-label use.
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