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PREP Act Immunity: Baghikian v. Providence Health & Servs.

Drug & Device Law

The plaintiffs alleged that the decedent had been hospitalized for COVID-19 and treated with the defendants’ antivirals without adequate informed consent, and passed away after three weeks. 247d-6d(a)(2)(B). See Retail Prop. United Bhd. of Carpenters & Joiners of Am., 3d 938, 941 (9th Cir.

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Unimpressed Learned Intermediaries Defeat Warning Causation

Drug & Device Law

The law presumes that licensed doctors know what they are doing. W]e believe that a drug manufacturer cannot be required legally to foresee that a licensed physician will disregard express warnings regarding a drug’s use. . . . 2014 WL 3798338 at *17 (N.J. 4, 2014) (applying California law). “In Hoffman-La Roche, Inc.

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