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Supreme Court of Texas - 372 S.W.3d 140
The Supreme Court of Texas reviewed a prescription drug products-liability case involving the learned intermediary doctrine. The court held that pharmaceutical companies must provide adequate warnings to prescribing physicians to fulfill their duty to warn end users of potential risks. The court rejected the claim that direct-to-consumer advertising is exempt from the doctrine and recognized the importance of prohibiting pharmaceutical manufacturers from disseminating grossly misleading advertising. The learned intermediary doctrine still applies to prescription drugs, and doctors have a legal duty to pass prescription drug warnings on to their patients. The manufacturer still has a duty to warn, and it can be held liable directly to the plaintiff if the warning given is inadequate. The plaintiff must prove that a different warning would have changed the physician's decision to prescribe the medication. The court rejected the adoption of a DTC or fraudulent advertising exception to the learned intermediary doctrine. The Hamiltons' claims, which are based on Centocor's alleged failure to warn, must fail because they failed to prove that a different warning would have changed the prescribing physician's decision to prescribe Remicade.
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