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Learned-intermediary doctrine rejected in West Virginia.

Article Excerpt
Citing the "current state of the prescription drug industry and physician/ patient relationships," three of the five justices of the West Virginia Supreme Court of Appeals ruled in a case of first impression that the state would not adopt the learned-intermediary doctrine. (Johnson & Johnson v. Karl, 2007 WL 1888777 (W. Va. June 27, 2007).)

The doctrine provides that pharmaceutical companies have no duty to warn consumers directly about the harmful effects of prescription drugs because the companies provide the warnings to doctors, who are "learned intermediaries" between the manufacturers and drug consumers.

On May 19, 1999, Nancy Gellner began taking Propulsid to treat acid reflux. Three days later, she died from sudden cardiac arrhythmia. Her estate sued manufacturer Janssen Pharmaceutica and its parent company, Johnson...

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