Texas Supreme Court Rejects Exception to Learned-Intermediary Doctrine

On Friday, the Supreme Court rejected a direct-to-consumer adverstising exception to the learned-intermediary doctrine. The Corpus Christi Court of Appeals had held that the learned-intermediary doctrine did not apply because the defendant drug manufacturer had engaged in direct-to-consumer advertising that did not adequately warn of the risks. The Supreme Court reversed because the risks were disclosed to the prescribing physician.

The court's opinion is available here. Click here to download a more detailed summary of the decision.

- Rich Phillips, Thompson & Knight