A learned intermediary is anyone between the manufacturer and the point of sale who may be responsible for knowingly placing a defective product into the hands of a consumer. There are some drugs that are considered dangerous at all times; for instance, many have potentially hazardous side effects but are considered beneficial in other ways. In such cases, the consumer must weigh the options, risks and potential benefits and make an informed decision as to whether taking a particular drug is worth the risk.
It's up to the drug manufacturer to warn prospective users of all dangers and risks associated with a product. However, a manufacturer is not responsible for an unknown risk associated with one drug or another. Manufacturers are obligated to remain updated on any new information available pertaining to their products.
Many defective drug situations are highly complex, especially if symptoms of injury or illness appear after a substantial passage of time. Proving that a manufacturer, doctor, pharmacist or sales distributor is liable for such injuries may prove challenging in court. Anyone considering filing a defective drug claim in Tennessee may first wish to discuss the issue with an experienced personal injury attorney.