In a matter of first impression, the Washington Supreme Court sided with Eli Lilly and Co., finding that state law does not recognize an exception to the learned intermediary doctrine when a prescription drug manufacturer advertises its product directly to consumers.
The pro se plaintiff, David Dearinger, claims he suffered a hemorrhage leading to a stroke that caused permanent disabilities shortly after taking Cialis, a prescription drug manufactured by Lilly. Dearinger argues the Lilly knew or failed to know that the medication could increase the risk of stroke and the company failed to adequately warn users of such risk, according to the majority opinion filed Thursday.
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