Objective Standard of Causation Applies in Medical Product Liability Cases—S.C.
A plaintiff suing a medical device or prescription drug manufacturer for product liability may establish causation between the injury and a failure to warn, under the learned intermediary doctrine, by showing that a stronger risk admonition would have been communicated by the physician to the patient and an objectively reasonable person would then have declined the treatment, the California Supreme Court held yesterday.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
