State v. Kar

220 W.Va. 463, 647 S.E.2d 899 (2007)

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Nature of the Case

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Facts

Gellner was prescribed the drug Propulsid® by her primary care physician, Dr. Wilson. Propulsid® was manufactured and distributed by Janssen Pharmaceutica. Gellner with samples of the prescription drug, which samples had been provided to Dr. Wilson by representatives of Janssen. Gellner died suddenly on the third day after she began taking Propulsid®. Gellner's estate filed a products liability/medical malpractice action against Janssen and Dr. Wilson. Janssen filed a motion for summary judgment asserting that, under the learned intermediary doctrine, it had fulfilled its duty to warn by providing warnings regarding Propulsid® to Dr. Wilson. It was denied. Janssen, again relying on the learned intermediary doctrine, filed a motion in limine to exclude evidence or argument by the Estate suggesting that Janssen had a duty to provide any warnings regarding Propulsid® to Gellner personally. The circuit court denied Janssen's motion. Janssen filed a petition for writ of prohibition in this Court seeking to prohibit enforcement of the circuit court's order.