Learned Intermediary Doctrine Bars ParaGard Warning Claims, 8th Cir. Affirms

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 …