We’ve posted previously about the awful learned intermediary decision by the Arizona Court of Appeals in Watts v. Medicis Pharmaceutical Corp., 342 P.3d 847 (Ariz App. 2015). Well, that’s not the last word anymore. Today the Arizona Supreme Court granted the defendant’s petition for review in Watts. Here’s a copy of the court’s order. The first issue is of most importance: “Did the court of appeals err in wholly eliminating the widely accepted, longstanding learned intermediary doctrine on the erroneous ground that it conflicts with Arizona’s comparative fault scheme?”
So the Arizona Supreme Court will decide whether or not to adopt the learned intermediary rule and what, if any, effect statutory contribution among joint tortfeasors has on the rule. Here are the amicus briefs already filed in Watts by PLAC and PhRMA. They should be in there again, advocating for the rule on the merits.