Illinois Appeals Court: Learned Intermediary Doesn’t Apply To Unapproved Device

(November 3, 2020, 2:15 PM EST) -- ELGIN, Ill. — An Illinois state appeals court on Oct. 30 reversed dismissal of a medical device eye injury case, saying the state’s learned intermediary doesn’t protect Johnson & Johnson and a company sales representative who told a doctor that a new device was approved when it was actually an unapproved prototype taken by the representative and an associate (Nancy E. Plass v. Dekalb Eye Consultants, LLC, et al., No. 2-19-0403, Ill. App., 2nd Dist., 2020 Ill. App. Unpub. LEXIS 1845)....

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