Bsales, Desiree A.
(2024)
Learned Intermediary Doctrine in the Time of Direct-to-Consumer Drug Advertising.
Master Essay, University of Pittsburgh.
Abstract
The Learned Intermediary Doctrine (LID) is a common law doctrine that shifts a prescription drug manufacturer’s duty to warn from the end-consumer to a “learned intermediary,” such as a physician, physician assistant, or nurse practitioner. The LID was established long before prescription drug manufacturers began advertising directly to consumers. However, though direct-to-consumer advertising (DTCA) has exploded since in the late 1990’s, manufacturers have continued to benefit from the protection against liability that the LID offers. The rise of DTCA has led to shifts in the doctor-patient relationship where the patient plays a far more active role in her prescription drug decision making. This essay endorses the analyses in the West Virginia Supreme Court opinion, State ex. rel. Johnson & Johnson Corp. v. Karl (2007) that show the rationales that underlie the LID no longer ring true for heavily advertised drugs; however, because not all drugs are advertised to the public, it suggests that the Karl decision goes too far in fully rejecting the LID. Instead, it suggests a subjective test to determine case-by-case if an individual plaintiff-patient was harmed by a drug she was influenced to take through its DTCA efforts.
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Details
| Item Type: |
Other Thesis, Dissertation, or Long Paper
(Master Essay)
|
| Status: |
Unpublished |
| Creators/Authors: |
|
| Contributors: |
| Contribution | Contributors Name | Email | Pitt Username | ORCID  |
|---|
| Committee Chair | Donohue, Julie | jdonohue@pitt.edu | jdonohue | UNSPECIFIED | | Committee Member | Donley, Greer | donley@pitt.edu | donley | UNSPECIFIED |
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| Date: |
17 May 2024 |
| Date Type: |
Completion |
| Number of Pages: |
48 |
| Institution: |
University of Pittsburgh |
| Schools and Programs: |
School of Public Health > Health Policy & Management |
| Degree: |
MPH - Master of Public Health |
| Thesis Type: |
Master Essay |
| Refereed: |
Yes |
| Date Deposited: |
17 May 2024 18:13 |
| Last Modified: |
17 May 2024 18:13 |
| URI: |
http://d-scholarship.pitt.edu/id/eprint/46174 |
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