Norma Olmo, et al. v. Davol, Inc., et al., No. 17-11784 (11th Cir. 2018)
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Case: 17-11784 Date Filed: 02/07/2018 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-11784 ________________________ D.C. Docket No. 0:13-cv-62260-JIC NORMA OLMO, NELSON OLMO, Plaintiffs-Appellants, versus DAVOL, INC., C.R. BARD, INC., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (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 failureto-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. 2
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