13 Washington opinions name it 2 courts 1989–2019 0 in the last five years
The cases below were cited by Washington 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 |
|---|---|---|
Taylor v. Intuitive Surgical, Inc.green2 sentences2017The dissenting judge for the Court of Appeals explained why the learned intermediary doctrine does not apply in this case: the "doctrine does not remove a manufacturer's duty to warn hospitals about medical equipment purchased by that hospital." Taylor, 188 Wn. 2017As explained below, this argument fails because the manufacturer has an independent duty to warn the purchaser of the product and because physicians do not function in the same intermediary capacity between the manufacturer and purchaser. ¶31 The dissenting judge for the Court of Appeals explained why the learned intermediary doctrine does not apply in this case: the “doctrine does not remove a manufacturer’s duty to warn hospitals about medical equipment purchased by that hospital.” Taylor, 188 Wn. | 2 | 3 |
McKee v. American Home Products Corp.green2 sentences2015However, the learned intermediary doctrine directs that for certain medical products that are unavoidably unsafe, the " manufacturer' s duty to warn of dangers associated with its product runs only to the physician; it is the physician' s McKee, 113 Wn.2d at 709 ( emphasis added). 2015However, the learned intermediary doctrine directs that for certain medical products that are unavoidably unsafe, the “manufacturer’s duty to warn of dangers associated with its product runs only to the physician; it is the physician’s duty to warn the ultimate consumer.” McKee, 113 Wn.2d at 709 (emphasis added). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Terhune v. A. H. Robins Co.
green
2 sentences2015The learned intermediary doctrine singles out the physician “because it is he who finally controls the dispensing of the product.” Terhune, 90 Wn.2d at 16 . 2015Robins Co., our Supreme Court held that under the learned intermediary doctrine, the manufacturer has no duty to warn a physician’s patient because the physician stands as a “learned intermediary” between the manufacturer and the unwarned patient. 90 Wn.2d 9, 14 , 577 P.2d 975 (1978). | 9 | 2005–2018 |
Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.
green
2 sentences2009Fisons, 122 Wn.2d at 313 . 9 ¶36 The dissent takes the fact that the physician was a learned intermediary to whom the duty to warn ran and the fact that we held the physician did not lack standing to bring a CPA claim because he was not a consumer, and turns the Fisons analysis into a requirement that the “learned intermediary” status of the physician constitutes one of a narrow class of special relationships that qualify an individual to bring suit. 2009Fisons, 122 Wash.2d at 313 , 858 P.2d 1054 . [9] *894 ¶ 36 The dissent takes the fact that the physician was a learned intermediary to whom the duty to warn ran and the fact that we held the physician did not lack standing to bring a CPA claim because he was not a consumer, and turns the Fisons analysis into a requirement that the "learned intermediary" status of the physician constitutes one of a narrow class of special relationships that qualify an individual to bring suit. | 2 | 2009–2009 |
Taylor v. Intuitive Surgical, Inc.
green
1 sentence2019Taylor, 187 Wn.2d at 757-58 ; Terhune v. A. H. | 1 | 2019–2019 |
Ruiz-Guzman v. Amvac Chemical Corp.
green
2 sentences2018Corp., 141 Wn.2d 493, 508-11 , 7 P.3d 795 (2000) (declining to adopt the learned intermediary doctrine in the pesticide context, where the farm business entity purchased the pesticides, but farm workers applied it). 2018Corp. , 141 Wash.2d 493 , 508-11, 7 P.3d 795 (2000) (declining to adopt the learned intermediary doctrine in the pesticide context, where the farm business entity purchased the pesticides, but farm workers applied it). ¶ 35 Pfizer's sophisticated purchaser/informed user approach to apparent manufacturer liability is inconsistent with our consumer-focused product liability law. | 1 | 2018–2018 |
Brandimarti v. Caterpillar Tractor Co.
green
2 sentences2018Colo. 2015); Brandimarti v. Caterpillar Tractor Co., 364 Pa. Super. 26, 36 , 527 A.2d 134 (1987).^ 'The majority contends that applying the objective reliance test from the perspective of an ordinary purchaser "broadly imports a sophisticated user defense into Washington law," and "inches toward expanding the learned intermediary doctrine without a public policy necessity." Majority at 22-23. 2018Colo. 2015); Brandimarti v. Caterpillar Tractor Co., 364 Pa. Super. 26, 36 , 527 A.2d 134 (1987).^ 'The majority contends that applying the objective reliance test from the perspective of an ordinary purchaser "broadly imports a sophisticated user defense into Washington law," and "inches toward expanding the learned intermediary doctrine without a public policy necessity." Majority at 22-23. | 1 | 2018–2018 |
Ruiz-Guzman v. Amvac Chemical Corp.
green
2 sentences2018Corp., 141 Wn.2d 493, 508-11 , 7 P.3d 795 (2000) (declining to adopt the learned intermediary doctrine in the pesticide context, where the farm business entity purchased the pesticides, but farm workers applied it). 2018Corp. , 141 Wash.2d 493 , 508-11, 7 P.3d 795 (2000) (declining to adopt the learned intermediary doctrine in the pesticide context, where the farm business entity purchased the pesticides, but farm workers applied it). ¶ 35 Pfizer's sophisticated purchaser/informed user approach to apparent manufacturer liability is inconsistent with our consumer-focused product liability law. | 1 | 2018–2018 |
Leesley v. West
green
2 sentences1989In Leesley v. West, 165 Ill. 1989App. 3d 135 , 518 N.E.2d 758 (1988), the court expanded the learned intermediary doctrine to apply to pharmacies. | 1 | 1989–1989 |
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.