Vt. High Court Would Adopt Learned Intermediary Doctrine, Federal Judge Predicts

MONTPELIER, Vt. — Predicting that the Vermont Supreme Court would adopt the learned intermediary doctrine, a federal judge has awarded Ethicon and Johnson & Johnson partial summary judgment on failure-to-warn claims in a pelvic mesh action to the extent they are based upon warnings provided directly to the plaintiff.

However, in a March 9 order, Judge Christina Reiss of the U.S. District Court for the District of Vermont further ruled that questions of fact exist as to whether the warnings in a brochure accompanying the device and relied upon by the surgeon were sufficient.

Vermont resident Jacinta Leavitt underwent implantation …