![]() The court rejected the failure to warn claim because, on the face of the complaint, there was no hint that the doctor – the learned intermediary – had been inadequately warned or that any additional warning would have made a difference. The court agreed with the defendant, and dismissed the complaint, while affording the plaintiff with leave to try again and amend. The defendant filed a motion to dismiss all the claims, arguing that they ran afoul of the learned intermediary doctrine, TwIqbal pleading standards, and the requirement that fraud claims be articulated with specificity. He brought a complaint against the defendant for failure to warn, strict liability, breach of warranties, misrepresentation, negligence, and fraud. He alleged that Solodyn was making him bald. ![]() He discontinued use of Solodyn after experiencing “numbing pain in the crown of his head” and noticing alleged hair loss. Dimieri ingested Solodyn for the treatment of acne. The greatest basketball player of all time. The man who freed a subcontinent via the majesty of nonviolent resistance. The statesman who defended Western Civilization against the Nazis. The genius who devised the theory of evolution.
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