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24 Illinois opinions name it 2 courts 1987–2022 1 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kirk v. Michael Reese Hospital & Medical Centergreen2 sentences2011The learned intermediary doctrine provides that "manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs' known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey the warnings to their patients." Kirk v. Michael Reese Hospital & Medical Center, 117 Ill.2d 507, 517 , 111 Ill.Dec. 944 , 513 N.E.2d 387 (1987). ¶ 28 The plaintiffs argue that by offering the classes on PEG-Intron, which purported to instruct patients, such as Mr. Hernandez, on all of the side effects of PEG-Intron, the defendants chose to forg 2011The learned intermediary doctrine provides that "manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs' known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey the warnings to their patients." Kirk v. Michael Reese Hospital & Medical Center, 117 Ill.2d 507, 517 , 111 Ill.Dec. 944 , 513 N.E.2d 387 (1987). ¶ 28 The plaintiffs argue that by offering the classes on PEG-Intron, which purported to instruct patients, such as Mr. Hernandez, on all of the side effects of PEG-Intron, the defendants chose to forg | 5 | 20 |
Kennedy v. Medtronic, Inc.green2 sentences2009See Kennedy v. Medtronic, Inc., 366 Ill.App.3d 298, 305 , 303 Ill.Dec. 591 , 851 N.E.2d 778 (2006) (manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs' known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey those warnings to their patients); Hansen v. Baxter Healthcare Corp., 198 Ill.2d 420, 430 , 261 Ill.Dec. 744 , 764 N.E.2d 35 (2002) (the court, in evaluating the application of the "learned intermediary" doctrine, recounted the testimony of a number of health care professionals who prescribed an 2009See Kennedy v. Medtronic, Inc., 366 Ill.App.3d 298, 305 , 303 Ill.Dec. 591 , 851 N.E.2d 778 (2006) (manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs' known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey those warnings to their patients); Hansen v. Baxter Healthcare Corp., 198 Ill.2d 420, 430 , 261 Ill.Dec. 744 , 764 N.E.2d 35 (2002) (the court, in evaluating the application of the "learned intermediary" doctrine, recounted the testimony of a number of health care professionals who prescribed an | 2 | 2 |
Kasin v. Osco Drug, Inc.green2 sentences2011See Kasin v. Osco Drug, Inc., 312 Ill.App.3d 823 , 245 Ill.Dec. 346 , 728 N.E.2d 77 (2000) (pharmacist lost the protection of the learned intermediary doctrine by voluntarily warning of some but not all side effects). ¶ 29 The defendants respond that the duty to warn of the side effects of medication based on a voluntary undertaking may not be imposed on a drug manufacturer because it would interfere with the physician-patient relationship if the drug manufacturer was held to have assumed that duty in place of the physician. 2011See Kasin v. Osco Drug, Inc., 312 Ill.App.3d 823 , 245 Ill.Dec. 346 , 728 N.E.2d 77 (2000) (pharmacist lost the protection of the learned intermediary doctrine by voluntarily warning of some but not all side effects). ¶ 29 The defendants respond that the duty to warn of the side effects of medication based on a voluntary undertaking may not be imposed on a drug manufacturer because it would interfere with the physician-patient relationship if the drug manufacturer was held to have assumed that duty in place of the physician. | 2 | 2 |
Fakhouri v. Taylorgreen2 sentences2010Kirk v. Michael Reese Hospital & Medical Center, 117 Ill. 2d 507, 517 (1987); Fakhouri v. Taylor, 248 Ill. 2010Kirk v. Michael Reese Hospital & Medical Center, 117 Ill. 2d 507, 517 (1987); Fakhouri v. Taylor, 248 Ill. | 2 | 2 |
Hansen v. Baxter Healthcare Corp.green2 sentences2009App. 3d 298, 305 (2006) (manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs’ known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey those warnings to their patients); Hansen v. Baxter Healthcare Corp., 198 Ill. 2d 420, 430 (2002) (the court, in evaluating the application of the “learned intermediary” doctrine, recounted the testimony of a number of health care professionals who prescribed and used the medical device at issue). 2009See Kennedy v. Medtronic, Inc., 366 Ill.App.3d 298, 305 , 303 Ill.Dec. 591 , 851 N.E.2d 778 (2006) (manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs' known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey those warnings to their patients); Hansen v. Baxter Healthcare Corp., 198 Ill.2d 420, 430 , 261 Ill.Dec. 744 , 764 N.E.2d 35 (2002) (the court, in evaluating the application of the "learned intermediary" doctrine, recounted the testimony of a number of health care professionals who prescribed an | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reddington v. Bowen
green
1 sentence1993(See Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill. 2d 507, 517 , 513 N.E.2d 387 , cert. denied (1988), 485 U.S. 905 , 99 L. | 1 | 1993–1993 |
Konarski v. New York Medical College, Inc.
green
1 sentence1993(See Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill. 2d 507, 517 , 513 N.E.2d 387 , cert. denied (1988), 485 U.S. 905 , 99 L. | 1 | 1993–1993 |
Leesley v. West
green
2 sentences1992Specifically, the Pharmacists Association and the National Association contend that the "learned intermediary doctrine," which basically states that drug manufacturers must warn physicians of a drug's dangerous side effects and that the prescribing physicians have a duty to convey the warnings to their patients (see Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507 , 111 Ill.Dec. 944 , 513 N.E.2d 387 ; Leesley v. West (1988), 165 Ill.App.3d 135 , 116 Ill.Dec. 136 , 518 N.E.2d 758 ; Eldridge v. Eli Lilly & Co. (1985), 138 Ill.App.3d 124 , 92 Ill.Dec. 740 , 485 N.E.2d 551 ), 1992Specifically, the Pharmacists Association and the National Association contend that the “learned intermediary doctrine,” which basically states that drug manufacturers must warn physicians of a drug’s dangerous side effects and that the prescribing physicians have a duty to convey the warnings to their patients (see Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill. 2d 507 ; Leesley v. West (1988), 165 Ill. | 1 | 1992–1992 |
Eldridge v. Eli Lilly & Co.
green
2 sentences1992Specifically, the Pharmacists Association and the National Association contend that the "learned intermediary doctrine," which basically states that drug manufacturers must warn physicians of a drug's dangerous side effects and that the prescribing physicians have a duty to convey the warnings to their patients (see Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507 , 111 Ill.Dec. 944 , 513 N.E.2d 387 ; Leesley v. West (1988), 165 Ill.App.3d 135 , 116 Ill.Dec. 136 , 518 N.E.2d 758 ; Eldridge v. Eli Lilly & Co. (1985), 138 Ill.App.3d 124 , 92 Ill.Dec. 740 , 485 N.E.2d 551 ), 1992Specifically, the Pharmacists Association and the National Association contend that the "learned intermediary doctrine," which basically states that drug manufacturers must warn physicians of a drug's dangerous side effects and that the prescribing physicians have a duty to convey the warnings to their patients (see Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507 , 111 Ill.Dec. 944 , 513 N.E.2d 387 ; Leesley v. West (1988), 165 Ill.App.3d 135 , 116 Ill.Dec. 136 , 518 N.E.2d 758 ; Eldridge v. Eli Lilly & Co. (1985), 138 Ill.App.3d 124 , 92 Ill.Dec. 740 , 485 N.E.2d 551 ), | 1 | 1992–1992 |
Amy Stone and Glenn Stone v. Smith, Kline & French Laboratories
green
2 sentences1988He also sued the hospital and the manufacturers of the' drugs on a strict liability theory. ( 117 Ill. 2d at 515 .) The Kirk court stated that a prescription drug may be deemed unreasonably dangerous, subjecting the manufacturer of supplier to strict liability, if it is not accompanied by an adequate warning. ( 117 Ill. 2d at 517 , citing Restatement (Second) of Torts §402 A, comment k (1965).) The court described the “learned intermediar^” doctrine as follows: “The rule *** provides that manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs’ known dangero 1988Kirk, 117 Ill. 2d at 518-19 , citing Stone v. Smith, Kline & French Laboratories (11th Cir. 1984), 731 F.2d 1575 , and Reyes v. Wyeth Laboratories (5th Cir. 1974), 498 F.2d 1264 . | 1 | 1988–1988 |
Reyes v. Wyeth Laboratories
green
1 sentence1988Kirk, 117 Ill. 2d at 518-19 , citing Stone v. Smith, Kline & French Laboratories (11th Cir. 1984), 731 F.2d 1575 , and Reyes v. Wyeth Laboratories (5th Cir. 1974), 498 F.2d 1264 . | 1 | 1988–1988 |
Hatfield v. Sandoz-Wander, Inc.
green
2 sentences1987The rule, as adopted in numerous jurisdictions, provides that manufacturers of prescription drugs have a duty to warn prescribing physicians of the drugs' known dangerous propensities, and the physicians, in turn, using their medical judgment, have a duty to convey the warnings to their patients. ( Hatfield v. Sandoz-Wander, Inc. (1984), 124 Ill. 1987(Hatfield v. Sandoz-Wander, Inc. (1984), 124 Ill. | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.