Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?
February 14, 2023
By:
Devin R. Bates, Benjamin D. Jackson
Category:
Litigation
Litigation
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Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the doctrine in the context of prescription drug claims. West v. Searle & Co., 305 Ark. 33, 39 806 S.W.2d 608, 611 (1991); Kohl v. Am. Home Prod. Corp., 78 F. Supp. 2d 885 (W.D. Ark. 1999). Under this doctrine, a warning to a physician is deemed to have been a warning to a patient. In re Prempro Prod. Liab. Litig., 514 F.3d 825 (8th Cir. 2008).
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