STORY FROM: Drugs & Medical Devices

Arizona High Court Adopts Learned Intermediary Doctrine, Says it is Not Displaced by UCATA

PHOENIX — The Arizona Supreme Court has adopted the learned intermediary doctrine, ruling that it is not displaced by the Uniform Contribution Among Tortfeasors Act because the doctrine and the Act address two distinct subjects and are not mutually exclusive.

In a Jan. 21 opinion, the high court further held that prescription drugs are “merchandise” for purposes of the Consumer Fraud Act, and the CFA does not require a direct merchant-consumer transaction to support a patient’s statutory claim against a drug manufacturer.

In April 2008, Amanda Watts, a minor at the time, sought medical treatment for chronic acne. Her ...

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