Manufacturer Warnings Irrelevant in Failure-To-Warn Case

The Fourth Circuit affirms the dismissal of a failure-to-warn claim in a bellwether case in multidistrict litigation involving alleged transvaginal mesh injuries.  It held that a manufacturer’s failure to provide stronger warnings cannot be causally linked to a patient’s injury unless the treating physician relied on the manufacturer’s instructions in prescribing the medical device.  “When a physician relies on her own experience and examination of a patient in deciding to prescribe a device, and not on the device’s warning, the warning is not the cause of the patient’s injury,” the court said. [3/3/15]

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