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Drug Manufacturer’s Duty to Warn

Definition

In general, a manufacturer of prescription drugs has a duty to warn all persons who will foreseeably come into contact with and potentially be injured by the products. However, when a physician acts as a “learned intermediary” between the manufacturer and the consumer, the manufacturer only has a duty to warn the physician of inherent risks in the product that would be pertinent to a reasonably prudent person. An exception exists for oral contraceptives, where the manufacturer has a duty to directly warn the patient of risks associated with the products.

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