Wash. State Physicians Ins. Exch. & Ass'n v. Fisons Corp.

122 Wash. 2d 299, 858 P.2d 1054 (1993)

 

RULE:

A physician may be able to recover pecuniary damages for damages to reputation; however, the physician's emotional pain and suffering are not recoverable under either the Consumer Protection Act, Wash. Rev. Code § 19.86 or the Product Liability Act, § 7.72.

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 damage award. 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.

ISSUE:

Does a plaintiff have the right to recover for his own pain and suffering in an action over damage to his reputation under the Consumer Protection Act?

ANSWER:

No.

CONCLUSION:

The court held 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 discovery abuse.

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