Black Box Warning Cannot Stand In for Expert Testimony, Ariz. High Court Rules

PHOENIX — The Arizona Supreme Court has ruled in a Cipro-related medical malpractice case that state law does not allow an FDA-required “black box” warning to substitute for required expert testimony and independently establish a standard of care.

In an Aug. 15 opinion, the state high court explained that the statute requiring expert testimony applied to plaintiffs’ medical malpractice claim, and that an exception to the rule does not apply because under the circumstances of the case, “only health-care professionals are in a position to understand the significance of the risks involved and to assess the relative advantages and disadvantages …