Paper

Saray Perez v. Wyeth Laboratories Inc.

According to Wikipedia, Learned intermediary is a defense doctrine used in the legal system of

the United States This doctrine was adopted by the Supreme Court of Canada in Hollis v Dow

Corning. This doctrine states that a manufacturer of a product has fulfilled his duty of care when he

provides all of the necessary information to a "learned intermediary" who then interacts with the

consumer of a product. This doctrine is primarily used by pharmaceutical and medical device

manufacturers in defense of tort suits. In a clear majority of states, the courts have accepted this as

a liability shield for pharmaceutical companies (Wikipedia).

By discussion and example, this solution examines on what legal grounds the court in Saray Perez v

Wyeth Laboratories, Inc. decided whether or not the learned intermediary rule applies to

pharmaceutical drugs advertised directly to consumers. Yes the drugs were advertised directly to

consumers. Judge Pollock Dissenting, “the majority idenitifies four premisis underlying the the

intermediary doctrine that it asserts are inapplicable when a manufacturer advertises the drug directly

to consumers….contrary to the majority, those four considerations remain relevant to the implantation

of norplant.” (Halbert, Inguilli).

According to Mary Gabb in the article, Pros and Cons of Direct to Consumer Advertising, The pros of

DTC are less well known, but still important to consider. DTC advertising helps to make patients aware of

their treatment options, such as new drugs for a particular disease, and the potential side effects of

taking the drug. DTC adverts also help to destigmatise and raise awareness of certain disorders,

prompting patients to seek medical attention when they might not have otherwise. In short, patients

become more motivated to take control of their healthcare and become more active partners in the

patient-doctor relationship.

The extent to...