Court Interprets North Carolina Law to Apply the Learned Intermediary Doctrine to Medical Device Cases [Drug and Device Law]

John Sullivan, a member of Cozen O’Connor’s Commercial Litigation Department, discusses Carlton v. Boston Scientific Corp., in which the court granted Boston Scientific summary judgment because the doctor who implanted the medical device in plaintiff had read the directions for use, understood the risks and benefits, and nonetheless believed that the device was appropriate for the plaintiff. In other words, plaintiff could not meet her burden to show proximate causation.

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