Texas PJC Malpractice 2022

P RODUCTS L IABILITY —T HEORIES OF R ECOVERY

PJC 71.5

use by furnishing the warnings and instructions to the prescribing physician. The phy sician, as a learned intermediary, is the person best qualified to make an informed choice after evaluating the benefits of a particular drug against the risk of harm from its use. Gravis v. Parke-Davis & Co. , 502 S.W.2d 863, 870 (Tex. App.—Corpus Christi–Edinburg 1973, writ ref’d n.r.e.). However, if the defendant anticipates that a prescription drug will be dispensed without a physician’s intermediate evaluation of the utility of the drug against its potential risk of harm, the warnings or instructions must be calculated to reach the ultimate user or consumer.

233