Andrew Bassan prevails in the U.S. Court of Appeals for the Fourth Circuit in defense of a pharmaceutical retailer on claims involving failure to warn, alleged FDA violations, false representation and intentional infliction of emotional distress.
The federal appellate court noted that the Supreme Court of Maryland has not expressly adopted the learned intermediary doctrine, and affirmed dismissal of plaintiff’s claims on the basis that there was no duty to warn and the on assumption that the learned intermediary doctrine would be adopted by the Supreme Court of Maryland if the issue were squarely presented to it.
Great Work Andrew!
