Reasoning, Reasoning ( A )

Better Essays

Reasoning (A)
This court’s reasoning clarifies the ambiguity and responds to the defendant’s appeal regarding the application of “learned intermediary” into 3 sections.
1. Defining “Learned Intermediary” and what it means to the case in South Dakota Law.
2. How this applies to the deceit claim
3. How this applies to the failure to warn claim
Learned Intermediary doctrine places the responsibility on the manufacturer to clearly warn physicians of the risks of their product. In this case, it was clear that the company had neglected to include key information that could have changed the decision of the plaintiff as well as the Physician’s recommendation for treatment. The court explained that the doctrine does not allow the …show more content…

The plaintiff who is making this claim is required to provide "proof of an intentional misrepresentation or concealment of a fact on which plaintiff relied and that caused an injury to plaintiff." Northwestern Pub. Serv. v. Union Carbide Corp., 236 F. Supp. 2d 966, 973-74 (D.S.D. 2002); see also Arnoldy v. Mahoney, 791 N.W.2d 645, 660 (S.D. 2010).
The court decided that based on the facts laid out by the prosecution, there was more than sufficient evidence to meet the standard for deceit.
• The testimony of Owens stating she was aware of the risks that the plaintiff experienced and that this was not included in the warning labels of the product.
• Another Ethicon medical director’s testimony, Hinoul, stating the brochure did not include warnings for some of the symptoms the plaintiff experience.
• The consistent neglect of Ethicon that resulted in the delay of printing of the warnings on labels despite them receiving the information before the product’s launch, all because they did not want to delay the product launch. The delay in adding these warnings which was supposed to be added after the first batch but was not added until 2008 when courts ordered them to do so.
• The plaintiff even went to the defendant’s website in an attempt to educate herself beyond what was provided to her by her Physician and yet these symptoms were not listed.
If the information the physician had was

Get Access