In re Norplant Contraceptive:
a) Plaintiffs received Norplant from their doctors and sued the company for side effects that resulted.
b) Learned Intermediary Doctrine – drug manufacturer must warn the doctor of side effects and does not have to warn the patient/consumer who will receive the drug.
c) Plaintiffs claim the doctrine should not apply b/c the physician plays a limited role in choosing birth control. Plaintiff claims there were public policies in duty to warn.
d) Court disagreed and said the physician plays a significant role in prescribing Norplant and educating patients of its effects.
e) If this had been a mere prescription drug, it may have been different. But here, the drug is implanted…
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