Plaintiff must demonstrate suffering from a precise injury the manufacturer failed to disclose in order to prove that non-disclosed risk would have altered treating physician's decision to prescribe drug.

In order for a plaintiff to prove that a non-disclosed risk would have altered a treating physician's decision to prescribe a drug, he must demonstrate that she suffered from the precise injury the manufacturer allegedly failed to disclose. Only if the plaintiff carries that initial burden, that she suffered from the precise injury that the manufacturer failed to disclose, may proximate causation be shown by evidence that the physician would not have prescribed the drug had he known of the non-disclosed risk.

Case Law Alert - 4th Qtr 2010