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her state consumer fraud claim is pre-empted by federal law . The Court also remanded the case to the trial court for a determination of whether Medicis gave adequate warnings to Watts ’ physician or health care provider . If so , her products liability claim must be summarily denied under the learned intermediary doctrine .
Watts , a minor , had sought medical treatment for acne and received a prescription for Solodyn , a drug manufactured by Medicis , which contains minocycline . Watts ’ Complaint alleged that after taking two 20-week rounds of Solodyn as prescribed by her health-care provider , she developed druginduced lupus and autoimmune hepatitis ( the latter of which ultimately resolved ). Medicis ’ full prescribing information materials included warnings that : “ The long-term use of minocycline in the treatment of acne has been associated with drug-induced lupus-like syndrome , autoimmune hepatitis and vasculitis ,” and that “ Autoimmune syndromes , including drug-induced lupus-like syndrome , autoimmune hepatitis , vasculitis and serum sickness have been observed with tetracycline-class drugs , including minocycline .” The full prescribing information also warned that : “ Symptoms may be manifested by arthralgia , fever , rash and malaise ” and that “ Patients who experience such symptoms should be cautioned to stop the drug immediately and seek medical help .” Watts did not allege that she received this full prescribing information , but claimed that she relied on two other publications about the drug ( one from her physician and one from her pharmacist ) that contained warnings about Solodyn .
JSH received amicus support for its client ’ s position from several national and statewide organizations whose contributions were pivotal . These included The Product Liability Advisory Council , The Pharmaceutical Research and Manufacturers of America , the U . S . Chamber of Commerce , the U . S . Chamber Litigation Center , the Arizona Chamber of Commerce & Industry , and the Arizona Manufacturers Council .
Jankowski v . Hurtado
December 8 , 2015 Mike Halvorson and Jessica Kokal
MIKE HALVORSON AND JESSICA KOKAL OBTAIN DEFENSE VERDICT IN PERSONAL INJURY CASE the injuries claimed . Defendant further argued that four years of treatment was excessive and unnecessary . In the alternative , Defendant suggested that if Plaintiff did , in fact , suffer injury , it was limited to soft-tissue injuries which should have resolved in six to eight weeks of treatment .
Plaintiff called numerous fact witnesses to support her damages , including her employer , husband , friend , and father . Plaintiff also called two medical experts , Justin Dunaway , a physical therapist , and Chad Campbell , a physician ’ s assistant . Both experts testified that Plaintiff sustained injuries to her neck , back , and shoulder as result of the accident , which necessitated various forms of treatment and medication over the next four years . Dunaway further opined that Plaintiff ’ s current ongoing complaints were caused by the subject accident , and that all of the treatment she had received was causally related to the accident .
Defendant testified that the impact was minor , and she called a biomechanical engineer , Robert Anderson , to testify that the forces involved in the accident were unlikely to have caused injuries to Plaintiff , as they were less than those typically involved in daily life . Defendant also retained an orthopedic surgeon , Dr . Michael Domer , to testify as a rebuttal expert . He was expected to testify that it was medically possible Plaintiff sustained a cervical strain from the collision for which it would have been reasonable to allow six weeks of non-operative management for her injury . However , Defendant decided not to call him as a witness following the close of Plaintiff ’ s case .
Following a four day trial and one hour of deliberations , the Jury found unanimously for Defendant .
The ACT Group v . WaterFurnace International , Inc .
Novemeber 13 , 2015 Mark Zukowski and Erik Stone
MARK ZUKOWSKI AND ERIK STONE SUCCESSFULLY OBTAINED A DIRECTED VERDICT FOR WATERFURNACE INTERNATIONAL , INC .
On May 23 , 2011 , Plaintiff , a grade school teacher and former college athlete , began to brake for slowing traffic when she was rear-ended by Defendant . Plaintiff claimed the impact speed was greater than 20 mph , and she suffered injuries to her shoulder , neck and back . Plaintiff further claimed she treated with various medical doctors and specialists for over four years with little relief . Thus , she made claims for permanent impairment , pain and suffering , loss of enjoyment of life , and loss of consortium , as well as for lost wages and unspecified future care costs .
Defendant admitted that she was solely responsible for causing an impact to the rear of Plaintiff ’ s vehicle , but she denied the forces from the impact were sufficient to cause
Mark Zukowski and Erik Stone successfully obtained a directed verdict on all claims in favor of their client , WaterFurnace International , Inc ., during a highly complex copyright infringement trial held in the United States District Court for the District of Arizona . Plaintiff , The ACT Group , sought nearly $ 1 million in damages and alleged that WaterFurnace and co-defendant , James Hamlin , jointly infringed on The ACT Group ’ s copyrighted sales-training material . At trial , Plaintiff argued that its former employee , Hamlin , used Plaintiff ’ s protected material to develop a series of sales-training seminars for WaterFurnace . In defense , WaterFurnace argued that it did not participate in any allegedly infringing conduct and was not responsible for any unauthorized use of the Plaintiff ’ s protected material . After completing the first week of a two-week trial , JSH attorneys Mr . Zukowski and Mr . Stone obtained a directed verdict in favor of WaterFurnace . They will be seeking a full recovery of their client ’ s attorney fees and costs .