Case Study: Learned Intermediary Doctrine

2. In this case, the New Jersey Supreme Court created an exception to the Learned Intermediary Doctrine. The direct to consumer advertising for Norplant influenced the patient’s decision to request the prescription drug from their primary care physician. The majority stated that the birth control is an elective drug that is decided by the patient and not primarily by the doctor. Therefore, the pharmaceutical company has an obligation to provide the patient with as much information as possible in order to make a fully informed decision.
The Court majority discussed the four considerations necessary for the Learned Intermediary Doctrine to be applied. Per the textbook, these considerations are 1) Courts do not want to intrude into the doctor-patient