Learned_intermediary
Learned intermediary
Defense doctrine, American, Canadian law
Learned intermediary is a defense doctrine used in the legal system of the United States. This doctrine states that a manufacturer of a product has fulfilled its duty of care when it provides all of the necessary information to a "learned intermediary" who then interacts with the consumer of a product. This doctrine is primarily used by pharmaceutical and medical device manufacturers in defense of tort suits.
In a clear majority of states, the courts have accepted this as a liability shield for pharmaceutical companies.
This doctrine was adopted by the Supreme Court of Canada in Hollis v Dow Corning Corp., 129 DLR 609 (1995).