learned intermediary doctrine in Alabama

5 Alabama opinions name it 1 courts 2003–2014 0 in the last five years

The cases below were cited by Alabama 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.

Followed or applied (4)

Case	Followed	Cited
Walls v. Alpharma USPD, Inc.green ala · 2004 · cited in 2 Alabama opinions naming this issue, 2008–2011 2 sentences 2011In Walls v. Alpharma USPD, Inc., 887 So.2d 881, 882 (Ala.2004), we applied the learned-intermediary doctrine to address whether a pharmacist has a “duty to warn of foreseeable injuries from the use of the prescription drug he/she is dispensing.” In Stone and Walls , the duty at issue was a drug manufacturer’s or a drug dispenser’s duty to warn customers of the potential risks or side effects of a drug. 2011Pharmaceutical companies then, who must warn ultimate purchasers of dangers inherent in patent drugs sold over the counter, in selling prescription drugs are required to warn only the prescribing physician, who acts as a “learned intermediary” between manufacturer and consumer.’ ” (Quoting Reyes v. Wyeth Labs., 498 F.2d 1264 , 1274 (5th Cir.1974)(emphasis added).) In Walls v. Alpharma USPD, Inc., 887 So.2d 881 (Ala.2004), this Court observed: “ ‘We agree with the Washington Supreme Court, which surveyed the jurisdictions extending the learned intermediary doctrine to pharmacists and concluded:	2	2
Brenda Griffin Toole, Plaintiff-Appellee-Cross-Appellant v. Baxter Healthcare Corporation, Defendant-Appellant-Cross-Appelleegreen ca11 · 2000 · cited in 2 Alabama opinions naming this issue, 2004–2014 2 sentences 2014This standard is ‘an understandable exception to the Restatement’s general rule that one who markets goods must warn foreseeable ultimate users of dangers inherent in his products.’ As such, we rely on the expertise of the physician intermediary to bridge the gap in special cases where the product and related warning are sufficiently complex so as not to be fully appreciated by the consumer.... ‘[U]n-der the “learned intermediary doctrine” the adequacy of [the defendant’s] warning is measured by its effect on the physician, ... to whom it owed a duty to warn, and not by its effect on [the cons 2014This standard is 'an understandable exception to the Restatement's general rule that one who markets goods must warn foreseeable ultimate users of dangers inherent in his products.' As such, we rely on the expertise of the physician intermediary to bridge the gap in special cases where the product and related warning are sufficiently complex so as not to be fully 53 1101397 appreciated by the consumer. ... '[U]nder the "learned intermediary doctrine" the adequacy of [the defendant's] warning is measured by its effect on the physician, ... to whom it owed a duty to warn, and not by its effect o	1	2
Eldridge v. Eli Lilly & Co.green illappct · 1985 · cited in 1 Alabama opinions naming this issue, 2004–2004 2 sentences 2004See Eldridge , 138 Ill.App.3d at 127 , 92 Ill.Dec. 740 , 485 N.E.2d 551 . 2004See Eldridge , 138 Ill.App.3d at 127 , 92 Ill.Dec. 740 , 485 N.E.2d 551 .	1	1
cluster 612206green ca11 · 1993 · cited in 1 Alabama opinions naming this issue, 2003–2003 1 sentence 2003See Toole v. McClintock , 999 F.2d 1430 (11th Cir. 1993); Stone v. Smith , Kline French Labs. , 447 So.2d 1301 (Ala. 1984) (adopting reasoning of Reyes v. Wyeth Labs. , 498 F.2d 1264 (5th Cir. 1974)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Stone v. Smith, Kline & French Lab. green ala · 1984 2 sentences 2014In Stone v. Smith, Kline & French Laboratories, 447 So.2d 1301 (Ala. 1984), this Court adopted the learned-intermediary doctrine in a case addressing whether a manufacturer’s duty to warn extends beyond the prescribing physician to the physician’s patient who would ultimately use the drugs. 2014In Stone v. Smith, Kline & French Laboratories, 447 So. 2d 1301 (Ala. 1984), this Court adopted the learned- intermediary doctrine in a case addressing whether a manufacturer's duty to warn extends beyond the prescribing physician to the physician's patient who would ultimately use the drugs.	5	2003–2014
McKee v. American Home Products Corp. green wash · 1989 2 sentences 2011The pharmacist does not, however, have a duty to question a judgment made by the physician as to the propriety of a prescription or to warn customers of the hazardous side effects associated with a drug, either orally or by way of the manufacturer’s package insert.” McKee v. American Home Products [Corp.], 113 Wash.2d [701,] at 720, 782 P.2d 1045 [(1989)]. “ ‘In the present case, the pharmacist accurately filled Nichols’ prescription for Gantanol. 2004The pharmacist does not, however, have a duty to question a judgment made by the physician as to the propriety of a prescription or to warn customers of the hazardous side effects associated with a drug, either orally or by way of the manufacturer's package insert. ' McKee v. American Home Products , 113 Wash.2d at 720 , 782 P.2d 1045.	2	2004–2011
Reyes v. Wyeth Laboratories green ca5 · 1974 2 sentences 2011Pharmaceutical companies then, who must warn ultimate purchasers of dangers inherent in patent drugs sold over the counter, in selling prescription drugs are required to warn only the prescribing physician, who acts as a “learned intermediary” between manufacturer and consumer.’ ” (Quoting Reyes v. Wyeth Labs., 498 F.2d 1264 , 1274 (5th Cir.1974)(emphasis added).) In Walls v. Alpharma USPD, Inc., 887 So.2d 881 (Ala.2004), this Court observed: “ ‘We agree with the Washington Supreme Court, which surveyed the jurisdictions extending the learned intermediary doctrine to pharmacists and concluded: 2003See Toole v. McClintock , 999 F.2d 1430 (11th Cir. 1993); Stone v. Smith , Kline French Labs. , 447 So.2d 1301 (Ala. 1984) (adopting reasoning of Reyes v. Wyeth Labs. , 498 F.2d 1264 (5th Cir. 1974)).	2	2003–2011
cluster 673865 green ca4 · 1994 2 sentences 2014We recognize that other jurisdictions, 6 primarily relying on Foster v. American Home Products Corp., 29 F.3d 165 (4th Cir.1994), have concluded that a brand-name manufacturer does not owe a duty to users of the generic version of the prescription drug to warn those users of the dangers associated with the drug. 7 In Foster , the plaintiffs’ daughter died as a result of taking the generic form of Phen-ergan, a brand-name drug. 2014We recognize that other jurisdictions,6 primarily relying on Foster v. American Home Products Corp., 29 F.3d 165 (4th Cir. 1994), have concluded that a brand-name manufacturer does not owe a duty to users of the generic version of the 6 It appears that this is the first time the highest court of a state has addressed the issue whether a manufacturer of a brand-name prescription drug may be held liable for the warning label on the drug when the plaintiff ingested a generic version of the brand-name drug.	1	2014–2014
Marcus v. Specific Pharmaceuticals, Inc. green nysupct · 1948 2 sentences 2014The learned-intermediary doctrine was established in Marcus v. Specific Pharmaceuticals, 191 Misc. 285 , 77 N.Y.S.2d 508 (N.Y. 2014The learned-intermediary doctrine was established in Marcus v. Specific Pharmaceuticals, 191 Misc. 285 , 77 N.Y.S.2d 508 (N.Y.	1	2014–2014
Harrison v. Southern Railway Co. green · 1925 1 sentence 2014Also, we note that Mosley was issued before the United States Supreme Court in PLIVA, supra, expressly found that because it was impossible for the generic manufacturers to comply with both their state-law duty to change the drug label to a safer label adequately warning of the dangers inherent in long-term use and their federal-law duty to keep the label the same as the brand-name manufacturer's label, any state-law claims against a generic manufacturer were preempted.	1	2014–2014
Springhill Hospitals, Inc. v. Larrimore green ala · 2008 2 sentences 2011In Springhill Hospitals, Inc. v. Larrimore, 5 So.3d 513 (Ala.2008), we applied the learned-intermediary doctrine in a situation where a patient alleged that a pharmacist breached a duty by providing incomplete dosing information to the patient’s physician regarding a drug prescribed to the patient. 2011In Springhill Hospitals, Inc. v. Larrimore, 5 So.3d 513 (Ala.2008), we applied the learned-intermediary doctrine in a situation where a patient alleged that a pharmacist breached a duty by providing incomplete dosing information to the patient’s physician regarding a drug prescribed to the patient.	1	2011–2011
Wooderson v. Ortho Pharmaceutical Corp. green kan · 1984 2 sentences 2004Wooderson v. Ortho Pharmaceutical Corp. , 235 Kan. 387 , 409 , 681 P.2d 1038 , cert. denied 469 U.S. 965 , 105 S.Ct. 365 , 83 L.Ed.2d 301 (1984). 2004Wooderson v. Ortho Pharmaceutical Corp. , 235 Kan. 387 , 409 , 681 P.2d 1038 , cert. denied 469 U.S. 965 , 105 S.Ct. 365 , 83 L.Ed.2d 301 (1984).	1	2004–2004
Humes v. Clinton green kan · 1990 2 sentences 2004Humes v. Clinton , 246 Kan. 590 , Syl. ¶ 5, 792 P.2d 1032 (1990). 2004Humes v. Clinton , 246 Kan. 590 , Syl. ¶ 5, 792 P.2d 1032 (1990).	1	2004–2004
Nichols v. Central Merchandise, Inc. green kanctapp · 1991 2 sentences 2004In Nichols v. Central Merchandise, Inc. , 16 Kan.App.2d 65 , 817 P.2d 1131 (1991), the Kansas Court of Appeals cited the application of the learned-intermediary doctrine to manufacturers of prescription medications and then extended the application of the doctrine to pharmacists filling prescriptions for medications: "Manufacturers of prescription drugs do have a duty to warn of dangerous side effects and risks associated with the drugs. 2004In Nichols v. Central Merchandise, Inc. , 16 Kan.App.2d 65 , 817 P.2d 1131 (1991), the Kansas Court of Appeals cited the application of the learned-intermediary doctrine to manufacturers of prescription medications and then extended the application of the doctrine to pharmacists filling prescriptions for medications: "Manufacturers of prescription drugs do have a duty to warn of dangerous side effects and risks associated with the drugs.	1	2004–2004
Kennedy v. United States green scotus · 1984 2 sentences 2004Wooderson v. Ortho Pharmaceutical Corp. , 235 Kan. 387 , 409 , 681 P.2d 1038 , cert. denied 469 U.S. 965 , 105 S.Ct. 365 , 83 L.Ed.2d 301 (1984). 2004Wooderson v. Ortho Pharmaceutical Corp. , 235 Kan. 387 , 409 , 681 P.2d 1038 , cert. denied 469 U.S. 965 , 105 S.Ct. 365 , 83 L.Ed.2d 301 (1984).	1	2004–2004
Enright v. Board of School Directors green scotus · 1984 1 sentence 2004Wooderson v. Ortho Pharmaceutical Corp. , 235 Kan. 387 , 409 , 681 P.2d 1038 , cert. denied 469 U.S. 965 , 105 S.Ct. 365 , 83 L.Ed.2d 301 (1984).	1	2004–2004

Where else courts name it

IL 35 (1987–2026) PA 20 (1990–2020) NJ 14 (1992–2019) WA 13 (1989–2019) OH 11 (1991–2020) TX 11 (1986–2013) CA 10 (2008–2024) CT 9 (2001–2022) MS 8 (1993–2017) GA 7 (1995–2014) OK 6 (1994–2026) MA 6 (1999–2018) TN 6 (1994–2011) AL 5 (2003–2014) AZ 5 (2007–2018) MD 4 (2005–2008) UT 4 (2003–2025) DE 4 (1989–2021) NY 3 (1999–2018) KS 3 (1990–2020) WV 2 (2007–2018) FL 2 (2008–2015) AR 2 (1991–2011) OR 2 (2002–2022) MO 2 (1999–2016) VA 2 (2003–2004) KY 2 (2004–2008)

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.

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