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Saray Perez v Wyeth Laboratories, Inc

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On what legal grounds did the court in Saray Perez v Wyeth Laboratories, Inc. decide whether or not the learned intermediary rule applies to pharmaceutical drugs advertised directly to consumers?

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Solution Summary

By discussion and example, this solution examines on what legal grounds the court in Saray Perez v Wyeth Laboratories, Inc. decided whether or not the learned intermediary rule applies to pharmaceutical drugs advertised directly to consumers.

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Summarize law and ethics in this case.

Read the Saray Perez v. Wyeth Laboratories Inc. case starting on page 271 of your text and then address the following questions:

1) What is the Learned Intermediary Rule? Explain the context in which it became law.

2) On what legal grounds does the majority believe that the Learned Intermediary Rule does not apply where drugs are advertised directly to consumers? How does the dissent view this issue?

3) From a consumer perspective, what are the pros and cons of DTC advertising?

4) Who are the major stakeholders in the pharmaceutical direct-to-consumer scenario? Does this type of marketing create "the greatest happiness for the greatest number," in utilitarian terms? What might a deontological thinker say about DTC marketing?

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