'Wrongful Life,' Learned Intermediary Doctrines Don't Bar Accutane Claim

PHOENIX - A state appeals court has reinstated a suit filed on behalf of a plaintiff allegedly injured as a result of in utero exposure to Accutane, rejecting an argument by manufacturer Hoffman-La Roche that the allegations were barred by the "wrongful life" and learned intermediary doctrines. Myers v. Hoffman-La Roche Inc., et al., No. 1-CA-CV-06-0137 (Ariz. Ct. App., Division One).

In an Oct. 2 decision, the Arizona Court of Appeals determined that prior decisions supporting dismissal of claims based on the "wrongful life" doctrine were inapplicable to the instant case because it seeks damages for injuries caused by exposure …