Wright v. Jeckle

144 P.3d 301
CourtWashington Supreme Court
DecidedOctober 12, 2006
Docket78635-6
StatusPublished
Cited by31 cases

This text of 144 P.3d 301 (Wright v. Jeckle) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Jeckle, 144 P.3d 301 (Wash. 2006).

Opinion

144 P.3d 301 (2006)

Karen WRIGHT, individually, and on behalf of all others similarly situated; Rosa Lee Johnson, individually, and on behalf of all others similarly situated; Karla Seastrom, individually, and on behalf of all others similarly situated, Respondents,
v.
Milan JECKLE, individually, and Jane Doe Jeckle, individually, and on behalf of their marital community, d/b/a All Valley Medical, Petitioners.

No. 78635-6.

Supreme Court of Washington, En Banc.

October 12, 2006.

Brian T. Rekofke, Timothy Michael Lawlor, Robert James Caldwell, Attorneys at Law, Tracy N. Leroy, Witherspoon, Kelley, Davenport & Toole, Spokane, WA, Britt L. Tinglum, Amy Nicole Linscheid Hanson, Keller Rohrback LLP, Seattle, WA, for for Petitioners.

Robert J. Crotty, Attorney at Law, Matthew John Zuchetto, Lukins & Annis PS, Spokane, WA, for Respondent/Cross-Appellant.

Steven Robert Stocker, Attorney at Law, Spokane, WA, for Amicus Curiae on behalf of Spokane County Medical Society.

Andrew Kevin Dolan, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of Washington State Medical Association.

Alan Wicks, Holly Anne Harris, Preston Gates & Ellis LLP, Seattle, WA, for Amicus Curiae on behalf of Washington State Dental Association.

Emily Studebaker, Carney Badley Spellman, Seattle, WA, for Amicus Curiae on behalf of Washington Academy of Eye Physicians & Surgeons and Amicus Curiae on behalf of American Academy of Ophthalmology.

*302 John C. Peick, Peick Conniff PS, Bellevue, WA, for Amicus Curiae on behalf of Washington State Chiropractic Association and Amicus Curiae on behalf of American Massage Therapy Association.

Barbara Allan Shickich, Michael David Pierson, Riddell Williams PS, Seattle, WA, for Amicus Curiae on behalf of Washington State Hospital Association.

Paul Jeffrey Miller, Montgomery Purdue Blankinship & Austin, Seattle, WA, for Amicus Curiae on behalf of Washington State Medical Association, Amicus Curiae on behalf of Amicus Curiae Organizations, Amicus Curiae on behalf of Amicus Curiae Organizations II, Amicus Curiae on behalf of Grantadams County Medical Society, Amicus Curiae on behalf of King County Medical Society, Amicus Curiae on behalf of Northwest Academy of Otolaryngology, Amicus Curiae on behalf of Pierce County Medical Society, Amicus Curiae on behalf of Washington Osteopathic Medical Association, Amicus Curiae on behalf of Washington Society of Interventional Pain Physicians, Amicus Curiae on behalf of Washington Society of Plastic Surgeons, Amicus Curiae on behalf of Washington State Dermatology Association, Amicus Curiae on behalf of Washington State Medical Group Management Association, Amicus Curiae on behalf of Washington State Pharmacy Association, Amicus Curiae on behalf of Washington State Podiatric Medical Association, Amicus Curiae on behalf of Washington State Urological Society, Amicus Curiae on behalf of Skagit-island Counties Medical Society, Amicus Curiae on behalf of Snohomish County Medical Society, Amicus Curiae on behalf of Thurston-mason County Medical Society, Amicus Curiae on behalf of Yakima County Medical Society, Amicus Curiae on behalf of Home Care Association of Washington, Amicus Curiae on behalf of Washington Acupuncture and Oriental Medical Association and Amicus Curiae on behalf of Washington Association of Naturopathic Physicians.

Martin Lowell Ziontz, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of Washington State Medical Association, Amicus Curiae on behalf of Amicus Curiae Organizations, Amicus Curiae on behalf of Grant-adams County Medical Society, Amicus Curiae on behalf of King County Medical Society, Amicus Curiae on behalf of North-west Academy of Otolaryngology, Amicus Curiae on behalf of Pierce County Medical Society, Amicus Curiae on behalf of Washington Osteopathic Medical Association, Amicus Curiae on behalf of Washington Society of Interventional Pain Physicians, Amicus Curiae on behalf of Washington Society of Plastic Surgeons, Amicus Curiae on behalf of Washington State Dermatology Association, Amicus Curiae on behalf of Washington State Medical Group Management Association, Amicus Curiae on behalf of Washington State Pharmacy Association, Amicus Curiae on behalf of Washington State Podiatric Medical Association, Amicus Curiae on behalf of Washington State Urological Society, Amicus Curiae on behalf of Skagit-island Counties Medical Society, Amicus Curiae on behalf of Snohomish County Medical Society, Amicus Curiae on behalf of Thurston-mason County Medical Society, Amicus Curiae on behalf of Yakima County Medical Society, Amicus Curiae on behalf of Home Care Association of Washington, Amicus Curiae on behalf of Washington Acupuncture and Oriental Medical Association, and Amicus Curiae on behalf of Washington Association of Naturopathic Physicians.

CHAMBERS, J.

¶ 1 We are asked today to decide whether RCW 19.68.010 is an "anti kickback" statute or an antiprofit statute. We conclude the legislature intended to prohibit kickbacks, not profits. Accordingly, we reverse the trial court.[1]

FACTS

¶ 2 Since the early 1980s, Dr. Milan Jeckle has operated a Spokane Valley medical clinic. He often dispensed, at a profit, a prescription drug combination commonly known as "fen-phen"[2] to patients seeking to lose weight. *303 These patients included plaintiffs Karen Wright, Rosa Lee Johnson, and Karla Seastrom. Fen-phen has since been associated with significant adverse health effects. Oran v. Stafford, 226 F.3d 275, 279 (3d Cir.2000).

¶ 3 In 1997, one year before plaintiffs filed this case against Dr. Jeckle, a nationwide class action fen-phen lawsuit was filed in federal court. In 2000, the case settled. The settlement significantly limited the potential liability of all doctors, including Dr. Jeckle, for fen-phen related damages suffered by patients. However, not all claims were preempted.

¶ 4 Plaintiffs' original 1998 complaint against Dr. Jeckle alleged injuries related to the diet drugs he dispensed. At least in part because of the class action settlement, plaintiffs have refined their claims. They currently assert that Dr. Jeckle violated the Consumer Protection Act (CPA), RCW 19.86.020, by engaging in deceptive acts in trade or commerce, and that he breached his fiduciary duty to them. The deceptive act in question is Dr. Jeckle's alleged violation of RCW 19.68.010.

¶ 5 In 1999, the Spokane County Superior Court granted Dr. Jeckle's CR 12(b)(6) motion to dismiss, finding that doctors were not properly subject to the CPA for complaints relating to the practice of medicine. Plaintiffs appealed. In 2001, the Court of Appeals reversed the trial court and held that since Dr. Jeckle's advertising, marketing, and sale of diet drugs "implicated the entrepreneurial aspects of medicine," plaintiffs could pursue their claim under the CPA. Wright v. Jeckle, 104 Wash.App. 478, 480, 16 P.3d 1268 (2001).

¶ 6 On remand in 2002, Spokane Superior Court Judge Richard J. Schroeder found that (1) RCW 19.68.010

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Bluebook (online)
144 P.3d 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-jeckle-wash-2006.