tort class notes 4, 21

tort class notes 4, 21 - Causation by duty to warn cases...

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Causation by duty to warn cases Should warning go to patient or to the dr who is prescribing the drug. By birth control case was unusuall. Normal is to say warning only need to give it to the dr. Learned intermediate rule – tell it to the dr. Dr knows about risk, reads the warning, proscribes it to the patient but doesn’t tell the patient. Is the drug company liabel? No they gave required warnings to the person they were supposed to. Is the dr liabel? Is he proper person by product liability? Very difficult ot convince court is that dr main purpose is to sell pills. Much more like servise then selling product. But does that get him off the hook? Malepractice case – lack of informed consent. materialinfo or this is the type of info dr reveals to patient. If dr revealed it I wouldn’t have taken the judge, or a reasonable person wouldn’t have taken the drug. Motus v Pfizer Dr proscribe zoluft, patient commite suicide, sue Pfizer. Did Pfizer give any warnings to anyone?
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tort class notes 4, 21 - Causation by duty to warn cases...

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