This Note begins with a general discussion of failure to warn causes of action and the application of the learned intermediary doctrine thereto. Further, Part II discusses cases essential to understanding the background of the Norplant Litigation. Next, Parts III and IV explain the facts and procedural history underlying the Norplant Litigation. Part V first examines the federal district court's analysis of the case. It then discusses the Fifth Circuit's analysis of the federal district court's summary judgment ruling in AHP's favor. Part VI examines the federal district court's pivotal decision to apply the learned intermediary doctrine to the plaintiffs' claims against AHP, and the Fifth Circuit's decision to affirm this ruling, thereby effectively ending the litigation. Further, Part VI also notes that direct-to-consumer advertising creates a new and unprecedented issue in failure to warn product liability cases involving prescription drugs.
Stacey Leffler Ravetta,
How Many Times Must the Question Be Answered? The Application of the Learned Intermediary Doctrine in the Norplant Contraceptive Products Liability Litigation, 30 Golden Gate U. L. Rev.