Teva IUD Ruling Under Nebraska Law Needs New Look, 8th Cir. Told

Feb. 23, 2021, 5:40 PM

A Nebraska woman who alleges she was injured when her Paragard intrauterine contraceptive broke during removal asked the Eighth Circuit to revisit its decision finding the maker’s warnings to her doctor justified granting judgment for Teva Pharmaceuticals USA Inc.

A divided court earlier this month said Stephanie Ideus’ claims are barred by the learned intermediary doctrine because her physician was adequately warned about device risks, and Nebraska law wouldn’t impose a duty on the manufacturer to warn her directly.

The majority of the U.S. Court of Appeals for the Eighth Circuit said Nebraska courts have adopted the learned intermediary principle...

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