{"data":{"id":"us-wv/w.-va.-code-55-7-30","jurisdiction":"us-wv","citation":"W. Va. Code § 55-7-30","heading":"Adequate pharmaceutical warnings; limiting civil liability for manufacturers or sellers who provide warning to a learned intermediary.","body":"(a) A manufacturer or seller of a prescription drug or medical device may not be held liable in a product liability action for a claim based upon inadequate warning or instruction unless the claimant proves, among other elements, that:\n(1) The manufacturer or seller of a prescription drug or medical device acted unreasonably in failing to provide reasonable instructions or warnings regarding foreseeable risks of harm to prescribing or other health care providers who are in a position to reduce the risks of harm in accordance with the instructions or warnings; and\n(2) Failure to provide reasonable instructions or warnings was a proximate cause of harm.\n(b) It is the intention of the Legislature in enacting this section to adopt and allow the development of a learned intermediary doctrine as a defense in cases based upon claims of inadequate warning or instruction for prescription drugs or medical devices.","path":["CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.","ARTICLE 7. ACTIONS FOR INJURIES."],"source_url":"https://code.wvlegislature.gov/55-7-30/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:57Z","sha256":"69fa417813a4d528f1cd82249b27409b7f725872fabafd28a0927d5b2d7c6cb1","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-55-7-29","next":"us-wv/w.-va.-code-55-7-31"},"notice":"GroundRules: Original legal text. Not legal advice."}