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State v. Karl
Supreme Court of Appeals of West Virginia
220 W. Va. 463, 647 S.E.2d 899 (2007)
- Written by Mary Pfotenhauer, JD
Facts
Dr. Wilson prescribed the drug Propulsid to Mrs. Gellner, and she died three days later. Propulsid was manufactured and distributed by Janssen (defendant). Mrs. Gellner’s estate (plaintiff) filed a products liability claim against Janssen. The circuit court denied Janssen’s motion for summary judgment, which argued that under the learned intermediary doctrine it had fulfilled any duty to warn Mrs. Gellner by providing warnings about Propulsid to Dr. Wilson. Janssen sought a writ of discretionary review to determine whether this jurisdiction should adopt the learned intermediary doctrine.
Rule of Law
Issue
Holding and Reasoning (Davis, C.J.)
Concurrence (Maynard, J.)
Dissent (Albright, J.)
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