A lawsuit against Bayer Healthcare Pharmaceuticals Inc by a woman who suffered a stroke while taking the company’s oral contraceptive Beyaz and her husband is barred by the learned intermediary doctrine, a federal appeals court has ruled.
A unanimous panel of the 11th U.S. Circuit Court of Appeals on Tuesday affirmed a lower court’s summary judgment against plaintiffs Karen and Michael Hubbard, finding that their claims failed because Karen Hubbard’s doctor would have prescribed Beyaz even if he had received additional warning about the drug.
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