An End to Preemptively Limiting the Scope of a Manufacturer’s Duty: Why the Arizona Court of Appeals Was Right in Striking Down the Learned Intermediary Doctrine
Matt O'Connor. On January 29, 2015, the Arizona Court of Appeals rejected one of the most contentious tort doctrines in modern U.S. history. Amanda Watts began taking the drug Solodyn for acne treatment when she was a minor, as prescribed by her physician. After long-term use of Solodyn, she developed drug-induced hepatitis and drug-induced lupus, and now “she may suffer from lupus for the rest of her life.” She brought suit against the drug manufacturer, Medicis, for consumer fraud, product liability, and punitive damages. Although Amanda suffered obvious side effects as a result of taking Solodyn, the trial court granted the defendant’s motion to dismiss based on the learned intermediary doctrine (“the doctrine”). This tort liability doctrine can be traced back to 1925. It provides that “a manufacturer is not…