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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