Learned intermediary

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Learned intermediary

Learned intermediary (/lɜːrnɪd ˌɪntərˈmiːdiːˌɛri/), also known as the learned intermediary doctrine or learned intermediary rule, is a legal principle originating from the United States. It is a defense used by manufacturers, especially in the field of product liability, to avoid liability for injury caused by their products.

Etymology

The term "learned intermediary" is derived from the legal principle that a manufacturer's duty to warn end users of the dangers of its products is satisfied if it informs a "learned intermediary" who can then relay the information to the end user. The term was first used in the case of Sterling Drug, Inc. v. Yarrow, 408 F.2d 978 (8th Cir. 1969).

Definition

A learned intermediary is a professional who has the knowledge and expertise to understand the potential risks and benefits of a particular product, typically a prescription drug or medical device. This professional, often a physician, is expected to act as an intermediary between the manufacturer and the patient, interpreting and conveying the information provided by the manufacturer.

Related terms

  • Product liability: The area of law in which manufacturers, distributors, suppliers, and others who make products available to the public are held responsible for the injuries those products cause.
  • Physician: A professional who practices medicine, which is concerned with promoting, maintaining, or restoring health through the study, diagnosis, prognosis and treatment of disease, injury, and other physical and mental impairments.
  • Pharmaceutical industry: The commercial industry that discovers, develops, produces, and markets drugs or pharmaceutical drugs for use as medications to be administered (or self-administered) to patients, with the aim to cure them, vaccinate them, or alleviate the symptoms.

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