Learned Intermediary Doctrine Bars ParaGard Warning Claims, 8th Cir. Affirms
February 9, 2021
- Opinion, Dissent
OMAHA, Neb. — The 8th Circuit U.S. Court of Appeals has affirmed that the learned intermediary doctrine defeats a Nebraska woman’s lawsuit targeting Teva’s ParaGard intrauterine contraceptive device, finding the state high court would apply the doctrine to contraceptive devices.
In a Feb. 8 opinion, the panel majority concluded that all Teva was required to do was warn the plaintiff’s prescribing health care provider of ParaGard’s risks.
Stephanie Ideus underwent implantation of Teva’s ParaGard T-380 device. During removal of the device in 2014, a piece broke off and became imbedded in the myometrium of Ideus’s uterine wall, requiring her to …
- Bennerotte & Associates
- Stinson Leonard
- Ulmer Berne