State v. Karl
Supreme Court of Appeals of West Virginia
647 S.E.2d 899 (2007)
Dr. Wilson prescribed the drug Propulsid to Mrs. Gellner, who died three days later. Propulsid's manufacturer and distributor, Janssen (defendant), was sued for products liability by Mrs. Gellner's estate (plaintiff). Janssen moved for summary judgment, arguing that under the learned intermediary doctrine it had satisfied any duty to warn by warning the prescribing physician rather than the patient directly. The circuit court denied the motion, and Janssen sought discretionary review to decide whether West Virginia should adopt the doctrine at all.
Whether a drug manufacturer fulfills its duty to warn consumers of a product's risks by warning the prescribing physician, under the learned intermediary doctrine.