What I Need, Versus How it Works

The learned intermediary doctrine may protect a medical device distributor from liability for a wrongly prescribed device, since we leave such decisions to the physicians as learned intermediaries. But, the doctrine doesn't bar actions against the distributor for failing to properly instruct the consumer about the device's operation. Friedl v. Airsource, Inc., No. 1-00-0877, 2001 WL 755092 (1st Dist. July 5, 2001).