11th Cir. Refuses to Carve Out ‘Financial Bias’ Exception to Learned Intermediary Doctrine

MIAMI — A federal appeals panel has upheld a summary judgment ruling in favor of Ethicon and Johnson & Johnson in a pelvic mesh action, affirming that Florida’s learned intermediary doctrine defeats the plaintiffs’ claims because their surgeon testified he was well aware of the risks.

In an April 29 published opinion, the 11th Circuit U.S. Court of Appeals panel rejected plaintiffs’ efforts to carve out a “financial bias” exception to the doctrine based upon the surgeon’s financial relationship with defendants, noting Florida courts have not recognized, or even addressed, such an exception.

In 2012, Charlotte Salinero underwent surgery to …