Amanda Watts, an Adult Individual, Plaintiff/appellant v. Medicis Pharmaceutical Corporation, an Arizona…

Summary

The court held that Arizona's learned intermediary doctrine generally applies to prescription drug manufacturers, is compatible with comparative-fault legislation, and does not violate the state constitutional anti-abrogation provision. It also held that prescription drugs are merchandise under the Consumer Fraud Act and that the Act does not require a direct transaction between the patient and manufacturer. The court vacated the appellate court's product-liability ruling, reversed dismissal of the complaint, affirmed the appellate court's Consumer Fraud Act ruling, and remanded for further proceedings.