eighth Circ. Will not Revive Swimsuit Over Teva’s ParaGard Dangers – Regulation360

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Law360 (February 8, 2021, 5:45 PM EST) — The Eighth Circuit said Monday that a lower court didn’t err in finding that Teva Pharmaceuticals didn’t have to warn a woman directly of the risks of using its ParaGard birth control device since the company warned her physician.

In a split, published opinion, the three-judge panel said that Nebraska, like most states, requires manufacturers to warn consumers directly about any design risks in their products, except for an exception called the learned-intermediary doctrine for prescription drugs. Under the doctrine, medical product makers are allowed to warn medical professionals of the risks, instead of the patients themselves, according to the opinion….

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