Learned Intermediary
Learned intermediary is a defense doctrine used in the legal system of the United States. This doctrine states that a manufacturer of a product has fulfilled its duty of care when it provides all of the necessary information to a "learned intermediary" who then interacts with the consumer of a product. This doctrine is primarily used by pharmaceutical and medical device manufacturers in defense of tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ... suits. In a clear majority of states, the courts have accepted this as a liability shield for pharmaceutical companies. This doctrine was adopted by the Supreme Court of Canada in ''Hollis v Dow Corning Corp.'', 129 DLR 609 (1995). History The use of the term "learned intermediary" was first used in the Eighth Circuit decision of ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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United States Court Of Appeals For The Eighth Circuit
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western District of Arkansas * Northern District of Iowa * Southern District of Iowa * District of Minnesota * Eastern District of Missouri * Western District of Missouri * District of Nebraska * District of North Dakota * District of South Dakota The court is composed of 11 active judges and is based primarily at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri, and secondarily at the Warren E. Burger United States Courthouse in St. Paul, Minnesota. It is one of 13 United States courts of appeals. In 1929, Congress passed a statute dividing the Eighth Circuit that placed Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri, and Arkansas in the Eighth Circuit and created a Tenth Circuit that included ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Direct-to-consumer Advertising
Direct-to-consumer advertising (DTCA) refers to the pharmaceutical marketing, marketing and advertising of medication, pharmaceutical products directly to consumers as patients, as opposed to specifically targeting health professionals. The term is synonymous primarily with the advertising of prescription medicines via mass media platforms—most commonly on television commercial, television and in magazines, but also via online advertising, online platforms. Direct-to-consumer advertising is only completely legal in New Zealand and the United States, but are subject to regulations regarding the balanced disclosure of a prescription's benefits in comparison to its risks (including but not limited to side effects and contraindications), among other factors. Regulations regarding DTCA are typically applied to advertising materials that describe a prescription's indication (medicine), indications and benefits, and may be more lenient to advertising materials which do not discuss use ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Rimbert V
Saint Rimbert (or Rembert) (''c.'' 830 - 11 June 888 in Bremen) was archbishop of Hamburg-Bremen, in the northern part of the Kingdom of East Frankia from 865 until his death in 888. He most famously wrote the life of Saint Ansgar, the '' Vita Ansgari,'' one of the most popular hagiographies of the middle ages. Biography Little is directly known about Rimbert, much of the information available regarding his life comes from the ''Vita Rimberti'', a hagiography written by an unknown author, likely produced some time in the 10th century. While his place of birth is uncertain it is widely accepted by historians that Rimbert was Danish. As a monk he trained in Turholt ( Torhout), after which he shared a missionary trip to Scandinavia with his mentor Ansgar, Bishop of Hamburg. Upon Ansgar's death in 865, Rimbert was unanimously elected Archbishop of Hamburg-Bremen. Upon his election, Rimbert travelled with Bishop Theodric of Minden and Abbot Adalgar of Corvey to the court of Loui ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |