Washington State Physicians Insurance Exchange & Association v. Fisons Corp.

During litigation over a child's severe drug reaction, the insurer (cross-plaintiff) representing the prescribing doctor sought discovery from drug manufacturer Fisons (defendant) of any warning letters about the drug's interaction with viral infections; Fisons's counsel knew of two such warning letters sent to thousands of physicians but withheld them, and they surfaced only through an anonymous source. After a jury verdict for the insurer and the injured child, the insurer sought sanctions against Fisons's counsel for the discovery violation; the trial and appellate courts denied sanctions, and the insurer appealed.