CENTOCOR, INC. V. BULLEN 372 S.W.3d 140 (2012) CASE BRIEF

CENTOCOR, INC. V. BULLEN

372 S.W.3d 140 (2012)

NATURE OF THE CASE: Centocor (D) appealed a judgment affirming the trial court's judgment for Bullen (P) on their fraud claim and holding that the learned intermediary doctrine did not preclude P's recovery.

FACTS: Hamilton (P) sued D, a prescription drug manufacturer. claiming that D provided 'inadequate and inappropriate warnings and instruction for use' of its prescription drug Remicade. P suffered a lupus-like syndrome from the drug. P amended their claims and added Bullen (D1) the prescribing and treating physicians as defendants. P alleged that P's medical providers failed to adequately warn P of the risks associated with Remicade and failed to obtain her informed consent to the treatment. In the course of her prescribed treatments, D1, showed P an informational video that he received from D. P alleged that the video over-emphasized the benefits of Remicade and intentionally omitted warnings about the potential side effect of lupus-like syndrome. P argued that the video bypassed the physician-patient relationship and required D to warn P directly. The jury awarded $4.6 million. The court of appeals reversed the award of future pain and mental anguish damages but affirmed the remainder of the trial court's judgment, adopted an advertising exception to the learned intermediary doctrine. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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