3-8. Strict Product Liability. Medicis Pharmaceutical Corp. makes Solodyn, a pre

Question

3-8. Strict Product Liability. Medicis Pharmaceutical Corp. makes Solodyn, a prescription oral antibiotic. Medicis warns physicians that "autoimmune syndromes, including drug- induced lupus-like syndrome," may be associated with use of the drug. Amanda Watts had chronic acne. Her physician pre- scribed Solodyn. Information included with the drug did not mention the risk of autoimmune disorders, and Watts was not otherwise advised of it. She was prescribed the drug twice each time for twenty weeks. Later, she experienced debilitating

Explanation / Answer

ANSWER:

WATTS VERSUS MEDICIS PHARMACEUTICAL CORPORATION

In this case, Watts filed a complaint against Medicis, alleging product liability, consumer fraud, and claims for punitive damages. She alleged that Medicis knowingly omitted material facts and used false pretenses from the information presentedrelated to risks of Solodyn's in order to induce people to buy and use Solodyn. She also alleged that the drug was unreasonably dangerous and Medicis has deliberately not given adequate warnings of its known dangers

In the case, Arizona Supreme Court found that the medicis to be held responsible for failure to warning on the dangerous side-effects of Solodyn. The court held that the LID does not prevent Plaintiff from suing Medicis. Moreover CFA is applicable to the advertisement and sale of prescription pharmaceuticals and that Watts adequately pled the elements of a private cause of action under the CFA. Watts has identified a legal theory that she relied on manufacturer-provided informational materials thus entitled to relief.

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