Skip to main content
CourtGPT logoCourtGPT
Directory
Law
For Attorneys
Blog
AppointmentsSign InSign Up
§ 55-7-30 — West Virginia Law | CourtGPT
  1. Home/
  2. Laws/
  3. West Virginia/
  4. Chapter 55. Actions, Suits and Arbitration; Judicial Sale/
  5. Article 7 - Actions for Injuries§55-7-1. Seduction/
  6. § 55-7-30
West Virginia Legal Code

§ 55-7-30

Ask AI about this
(a) A manufacturer or seller of a prescription drug or medical device may not be held liable in a product liability action for a claim based upon inadequate warning or instruction unless the claimant proves, among other elements, that:(1) The manufacturer or seller of a prescription drug or medical device acted unreasonably in failing to provide reasonable instructions or warnings regarding foreseeable risks of harm to prescribing or other health care providers who are in a position to reduce the risks of harm in accordance with the instructions or warnings; and(2) Failure to provide reasonable instructions or warnings was a proximate cause of harm.(b) It is the intention of the Legislature in enacting this section to adopt and allow the development of a learned intermediary doctrine as a defense in cases based upon claims of inadequate warning or instruction for prescription drugs or medical devices.