This section contains the nature of the case and procedural background.

D manufactures and distributes Solodyn, which contains minocycline. D warns: 'The long-term use of minocycline in the treatment of acne has been associated with drug-induced lupus-like syndrome, autoimmune hepatitis, and vasculitis.' The warning materials also state: 'Autoimmune syndromes, including drug-induced lupus-like syndrome, autoimmune hepatitis, vasculitis, and serum sickness, have been observed with tetracycline-class drugs, including minocycline. Symptoms may be manifested by arthralgia, fever, rash, and malaise. Patients who experience such symptoms should be cautioned to stop the drug immediately and seek medical help.' In April 2008, P, a minor, sought medical treatment for acne and received a prescription for Solodyn from her medical provider. P did not receive the full prescribing information but received two other publications about the drug. A 'MediSAVE' card stated that 'the safety of using Solodyn longer than 12 weeks has not been studied and is not known.' P received an informational insert about Solodyn from her pharmacist, warning that patients should consult a doctor if symptoms did not improve within twelve weeks. P used Solodyn as prescribed for twenty weeks. She then used it again as directed for another twenty weeks. In October 2010, P was hospitalized and diagnosed with drug-induced lupus and hepatitis, both allegedly side effects from using Solodyn. P recovered from the hepatitis, but is expected to have lupus for the rest of her life. P sued D alleging consumer fraud and product liability. P also alleged that the drug was defective and unreasonably dangerous because Medicis failed to adequately warn her of the consequences of its long-term use. The court granted D's motion to dismiss. The court of appeals vacated the judgment. It held that the learned intermediary doctrine 'is inconsistent with the Uniform Contribution Among Tortfeasors Act' and 'cannot coexist with' that Act. D appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.