Medicis Can't Duck Acne Med Suit Under Intermediary Doctrine

Law360, Washington (January 30, 2015, 5:29 PM EST) -- An intermediate Arizona appeals court on Thursday revived a suit accusing Medicis Pharmaceutical Corp. of misleading consumers about the side effects of the acne medication Solodyn, departing from the so-called learned intermediary doctrine that it has followed for decades.

The first division of the Arizona Court of Appeals found that although the court had used the doctrine since 1978, it's no longer appropriate. The prescription-drug manufacturer shouldn't be shielded from liability for its own actions in distributing a product simply because another actor in the chain of distribution is expected to act, according to the decision.

"While it is true that...

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