US Legal Forms
Utah Learned intermediary

Utah Learned intermediary

Name: Utah Learned intermediary
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.62 (427 reviews)

Category:

Utah Jury Instructions - Civil - Product Liability

State:

Utah

Control #:

UT-JURY-CV-1052

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

Learned intermediary Utah Learned Intermediary is a legal concept in the state of Utah that applies to drug manufacturers and healthcare providers. It is a type of legal immunity that protects drug manufacturers from liability in cases of adverse drug reactions or side effects caused by their products. It states that a drug manufacturer is not liable for any harm caused by their drug if they provided adequate warnings to a learned intermediary, such as a physician or pharmacist, who then made an informed decision to prescribe or dispense the drug to the patient. There are two types of Utah Learned Intermediary: healthcare provider-based and pharmacist-based. Healthcare provider-based Utah Learned Intermediary applies to physicians and other healthcare professionals who are responsible for making informed decisions when prescribing medications to patients. Pharmacist-based Utah Learned Intermediary applies to pharmacists who are responsible for providing medication information to patients and making sure they have the necessary information to make an informed decision about their medications.

Utah Learned Intermediary is a legal concept in the state of Utah that applies to drug manufacturers and healthcare providers. It is a type of legal immunity that protects drug manufacturers from liability in cases of adverse drug reactions or side effects caused by their products. It states that a drug manufacturer is not liable for any harm caused by their drug if they provided adequate warnings to a learned intermediary, such as a physician or pharmacist, who then made an informed decision to prescribe or dispense the drug to the patient. There are two types of Utah Learned Intermediary: healthcare provider-based and pharmacist-based. Healthcare provider-based Utah Learned Intermediary applies to physicians and other healthcare professionals who are responsible for making informed decisions when prescribing medications to patients. Pharmacist-based Utah Learned Intermediary applies to pharmacists who are responsible for providing medication information to patients and making sure they have the necessary information to make an informed decision about their medications.

View A19 Conditional Order for Entry of Default

View this form

View A21 Omnibus Calendar Assignment Form

View this form

View A23 Affidavit as to Military Service and Competency

View this form

View A22 Motion for Oral Proof of Claim

View this form

View A24 Order Granting Plaintiff's Motion for Entry of Default

View this form

How to fill out Utah Learned Intermediary?

Dealing with legal paperwork requires attention, accuracy, and using well-drafted templates. US Legal Forms has been helping people countrywide do just that for 25 years, so when you pick your Utah Learned intermediary template from our service, you can be certain it meets federal and state laws.

Working with our service is easy and quick. To get the necessary paperwork, all you’ll need is an account with a valid subscription. Here’s a brief guide for you to find your Utah Learned intermediary within minutes:

Make sure to carefully examine the form content and its correspondence with general and law requirements by previewing it or reading its description.
Look for an alternative formal blank if the previously opened one doesn’t suit your situation or state regulations (the tab for that is on the top page corner).
Log in to your account and download the Utah Learned intermediary in the format you need. If it’s your first time with our service, click Buy now to continue.
Create an account, decide on your subscription plan, and pay with your credit card or PayPal account.
Choose in what format you want to obtain your form and click Download. Print the blank or upload it to a professional PDF editor to prepare it paper-free.

All documents are created for multi-usage, like the Utah Learned intermediary you see on this page. If you need them one more time, you can fill them out without re-payment - simply open the My Forms tab in your profile and complete your document whenever you need it. Try US Legal Forms and prepare your business and personal paperwork quickly and in total legal compliance!

Form Rating

4.62

Satisfied(427)

Form popularity

FAQ

Learned Intermediary ? Not an Affirmative Defense in California.

Certain exceptions have been carved into the learned intermediary doctrine. One such exception is for vaccines administered in public, mass clinics where a physician is not involved.

Learned intermediary is a defense doctrine used in the legal system of the United States. This doctrine states that a manufacturer of a product has fulfilled its duty of care when it provides all of the necessary information to a "learned intermediary" who then interacts with the consumer of a product.

But the learned intermediary doctrine dictates that pharmacists stay out of the physician-patient relationship. And when it comes to prescription drugs, the extent of the warnings to be given to patients is within the discretion of the physician.

The learned intermediary doctrine is settled law in an overwhelming majority of states, including Missouri. It limits a drug or device manufacturer's duty to warn of its product's risks to treating physicians, who then serve as ?learned intermediaries,? assuming the duty to pass those warnings on to patients.

The Learned Intermediary Doctrine states that when adequately informed physicians prescribe drugs or medical devices to patients, it breaks the chain of liability between the patient and the manufacturer.

With regard to prescription products like pharmaceuticals or medical devices, New York has adopted the learned intermediary doctrine which requires, as part of the proximate cause, showing ?that an appropriate warning would have affected the course of treatment of the plaintiff's physician.? In re Fosamax Prods. Liab.

More info

What is the Learned Intermediary Doctrine? The learned intermediary doctrine is not sexy.Its application doesn't require depositions or a jury trial. In situations involving prescription drugs, 'the purchaser's doctor is a learned intermediary between the purchaser and the manufacturer. In health care, these learned intermediaries are generally pharmacists or physicians. This defense is typically not broached until much of the discovery is completed, when the parties get to the prescribing doctor's deposition. The use of the term "learned intermediary" was first used in the Eighth Circuit decision of Sterling Drug v. In fact, Missouri has a fairly comprehensive regulatory scheme. The use of the term "learned intermediary" was first used in the Eighth Circuit decision of Sterling Drug v. "Warnings concerning prescription drugs generally are adequate when they contain a full and complete disclosure of the potential adverse reactions to the drug.

Utah Learned intermediary

Description

Related forms

How to fill out Utah Learned Intermediary?

Show more info

Form Rating

Form popularity

FAQ

Is the learned intermediary doctrine an affirmative defense?

What are the exceptions to the learned intermediary doctrine?

What is the learned intermediary doctrine?

What is the learned intermediary doctrine for pharmacists?

What is the doctrine of learned intermediary in product liability cases?

What are learned intermediary rules?

What is the learned intermediary doctrine in Illinois?

What is the learned intermediary doctrine in New York State?

More info

Trusted and secure by over 3 million people of the world’s leading companies