Ariz. Appeals Court Reinstates Solodyn Action, Refuses to Apply Learned Intermediary Doctrine

PHOENIX — The learned intermediary doctrine is inconsistent with Arizona’s comparative fault tort system and therefore does not bar failure-to-warn claims asserted against Medicis Pharmaceutical Corp. in connection with its acne drug Solodyn, an Arizona appellate court has ruled.

On Jan. 29, the Arizona Court of Appeals, Division One, ruled that the doctrine conflicts with the Uniform Contribution Among Tortfeasors Act (UCFA), under which each co-defendant in a tort case is liable for no more than his respective percentage of fault.

In April 2008, Watts, a minor at the time, sought medical treatment for chronic acne and her doctor prescribed …