Arizona High Court Adopts Learned Intermediary Doctrine; No Conflict With Tort Law

(January 21, 2016, 2:51 PM EST) -- PHOENIX — The Arizona Supreme Court on Jan. 21 adopted the learned intermediary doctrine and said it can be used by drug manufacturer Medicis Pharmaceutical Corp. to defend against a drug liability claim (Amanda Watts v. Medicis Pharmaceutical Corporation, No. CV-15-0065-PR, Ariz. Sup.).

(Opinion available. Document #28-160204-001Z.)

The high court also said the Arizona Consumer Fraud Act does not exclude prescription drugs and that the consumer law does not require a direct-to-consumer transaction to support a plaintiff’s drug claim against a manufacturer.

The ruling reverses an...
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