Learned intermediary rule

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The Learned intermediary rule or the Learned intermediary doctrine is a defense doctrine used in the legal system of the United States. This doctrine states that a manufacturer of a product has fulfilled his duty of care when he provides all of the necessary information to a "learned intermediary" who then interacts with the consumer of a product. This doctrine primarily used by pharmaceutical and medical device manufacturers in defense of tort suits.

[edit] History

The use of the term "learned intermediary" was first used in the Eight Circuit decision of Sterling Drug v. Cornish (370 F.2d 82, 85), in 1966, and has now become the major doctrine in the vast majority of jurisdictions in the United States.