Norma Olmo v. Davol, Inc.

Case: 17-11784 Date Filed: 02/07/2018 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-11784
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D.C. Docket No. 0:13-cv-62260-JIC
NORMA OLMO,
NELSON OLMO,
Plaintiffs-Appellants,
versus
DAVOL, INC.,
C.R. BARD, INC.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
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(February 7, 2018)
Before MARCUS, ANDERSON, and HULL, Circuit Judges.
Case: 17-11784 Date Filed: 02/07/2018 Page: 2 of 2
PER CURIAM:
We have had the benefit of oral argument and have carefully reviewed the
briefs and the summary judgment record in this case. The learned intermediary
doctrine provides that the manufacturer’s duty to warn runs to the physician, not
directly to the patient. If the physician had independent knowledge of the risk that
caused the plaintiff’s injuries – substantially the same knowledge as an adequate
warning should have communicated – then the plaintiff cannot prevail on a failure-
to-warn claim. Christopher v. Cutter Laboratories, 53 F.3d 1184, 1192 (11th Cir.
1995). We agree with the district court that the physician who implanted the
instant patch had such independent knowledge. With respect to the patch that was
implanted in plaintiff, there is insufficient evidence that the ring in the patch
buckled.
For the foregoing reasons, including reasons fully explained at oral
argument, the judgment of the district court is
AFFIRMED.
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