> Under what legal theory? Do you have examples?

Not a lawyer, so I can't cite case law.
 
> In reality the publication would never be held liable in the first place. You can’t sue someone because you read something (other than IIED which isn’t followed by most states). Thus the disclaimer can’t reduce the liable exposure if it was never there.

Funny, I remembered one stunning example of a very popular, periodic, pocket chemotherapy guide from the late 1980s that was sued out of existence because of a single typo, which had resulted in the premature death of at least one patient. As luck (well, maybe not luck) would have it, I asked my long-standing business partner this morning if he remembered the incident, and he pulled the guide out of his desk drawer! I went thumbing through it, and it had an extraordinarily comprehensive 4 paragraph disclaimer naming the PharmDs who authored the guide, the fact that the "handbook" was intended to supplement the knowledge of HCPs, not replace it, that the info contained was advisory only, and that the authors, sponsors, and the rest of the world "disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, or suitability of this information for any particular purpose."

So, I now need to recant my statement that the disclaimer would provide some measure of protection, as it clearly failed in this case. However, I would also think it disproves your assertion that "you can't sue someone because you read something," as it certainly occurred here.

Another current example is the opioid debacle, which clearly was driven through opinions and publications throughout the medical literature. I lived that one as well, and if you want a deeper discussion I'm glad to provide it offline, as I don't think the board need be subjected to it.

S

Skillman, NJ

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