DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191361P.pdf 02/08/2021 Stephanie Ideus v. Teva Pharmaceuticals USA, Inc.
U.S. Court of Appeals Case No: 19-1361
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Stras, Author, with Wollman and Kelly, Circuit Judges]
Civil case - Products liability. Plaintiff brought this products liability
action against the manufacturer of the intrauterine device which which
broke in her uterus, and the district court granted the manufacturer's
motion for summary judgment. Held: under Nebraska law, the manufacturer
did not have a duty to warn plaintiff directly about the potential risks
of using the device and the district court properly granted the
manufacturer's motion for summary judgment; in this situation, Nebraska
would apply the learned-intermediary doctrine, and there is no dispute
that the manufacturer provided adequate warnings to plaintiff's physician;
Nebraska would not apply an exception to the doctrine for prescription
contraceptives, including IUDs. Judge Kelly, dissenting.