How much information is enough? Understanding the Alabama Supreme Court’s expansion of the causation standard in failure to warn claims

OA Version
Citation
Herr A. How Much Information is Enough? Understanding the Alabama Supreme Court’s Expansion of the Causation Standard in Failure to Warn Claims. American Journal of Law & Medicine. 2023;49(1):128-133. doi:10.1017/amj.2023.21
Abstract
This RCD analyzes the Alabama Supreme Court’s recent answer to two certified questions sent to the court from the Eleventh Circuit. The questions involved whether a pharmaceutical company’s duty to warn included a duty to provide instructions about how to properly mitigate for warned of risks, and if the pharmaceutical company had such a duty could a plaintiff recover if their physician would have prescribed the same drug but just changed their monitoring scheme. The Alabama Supreme Court answered both questions in the affirmative, expanding the causation standard in failure to warn claims.
Description
License
Copyright © The Author(s), 2023. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. This article has been published under a Read & Publish Transformative Open Access (OA) Agreement with CUP.