Washington State Physicians Insurance Exchange & Association v. Fisons Corp. case brief
Washington State Physicians Insurance Exchange & Association
v. Fisons Corp. case brief summary
858 P.2d 1054 (1993)
Appellant drug company sought review
from a judgment of the Superior Court for Snohomish County
(Washington), which awarded respondent physician, and others, damages
plus attorney fees under Wash. Rev. Code § 19.86 and § 7.72, but
not on other claims. Respondents appealed from the denial of their
motion for sanctions against appellant for discovery
CASE FACTS Respondent alleged that his reputation
was tarnished when a drug he properly prescribed left a two year-old
girl brain-damaged. Appellant raised several issues concerning the
DISCUSSION The court held that respondent
had standing to bring the Consumer Protection Act claim, and there
was sufficient evidence of the elements of that claim; that the trial
court did not err in calculating the attorney fee award; that the
physician's claims were not preempted by guidelines of the Federal
Food and Drug Administration. However, the court found that
respondent had no right to recover for his own pain and suffering
under either the Consumer Protection Act or product liability claims;
that respondent physician had no independent right of action for
negligence; that respondent insurer had no right of action under the
Consumer Protection Act; and that the trial court abused its
discretion in not sanctioning appellant and its attorneys for
CONCLUSION The court affirmed the judgment.
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