Who is vulnerable to a lawsuit in this case? Who are the potential Plaintiffs who can bring suit? (Hint- there are multiple possibilities for both defendants and plaintiffs).
The company is Vulnerable in the particular case, because first it is alleged by the healthcare authority for the supply of lethalsteroids in the market, supported by the data fromdifferent cities and secondlybecause of the death occurredof 65 people due to the use of steroid medicine. Along with this, since the legal body and authority of healthcare has also found the activities and operations of the NECC non-complaint with the law and general health standards, the position of the company has further weakened in the industry and in the sight of law. In addition to all theseevents, the allegationsand evidences from the company’s employees also reinforced the activitiesand thus left no way for the company todefend the position.
The potential plaintiffs in the case are the patientswho have been effected by the educations. Since they have the medical history and data of using the medications of NECC, they can clearly claim the company for the lethalreaction. However, the government can also play the role of plaintiff, as the company has brokenthe law of country under healthcare segment, the government can treatthecompanyas criminal in an act of regulation the healthcarestandardsinthecity. (Bloomquist, 2017).
Double, Double, Toil and Trouble Harvard Case Solution & Analysis
Assuming the product is defective, what theories could potential plaintiffs use to sue?
The potential Plaintiffs that are actually the patients can use the multiple theories, among them some are sited below.
- Since all pharmaceuticals are responsible to get the approval of its medicine formula from FDA, NECC failed to authorizeit’s customize medicine formulas from the FDA and does notattain any ISO certification.
- NECC, did not proposed any warning or disclaimer for its medicine, and thus the plaintiff can use it against the company in pursuing the lawsuit.
- It didn’t offered the prescription and important rules to be read in black bold in the leaflets,which makes it liable to lawsuit.
- The plaintiffs can also use the testimonials and verdict of the employees that will support the case of the plaintiff against the company.(Stefan, 2008)
What actions, by either company, could give rise to tort liability? What torts have been committed? What would a plaintiff need to prove for each tort?
There are following action that could give rise to tort Liability:
Since the company failed to adhere to the quality standards of healthandcleanliness which lead to the supply of unsterilized and unhygienic syringes in the market causing allergies and reactions to the patients, it can give rise to the tortsliability. In addition, the company also labeled the medicineswronglyalongwith the incorporation of improper chemical proposition in the medicine, leading to lethal reactions on patients. These particular incidents can give rise to the lethal reactions on patientsand cause deaths, hence these could increase the tort liability on the company. Lastly, the supply of untested sample of the medicinescould result in increase in tort liability as it will affect the patients allergic to certainchemicals...............
Who is vulnerable to a lawsuit in this case? Who are the potential Plaintiffs who can bring suit? (Hint- there are multiple possibilities for both defendants and plaintiffs).
The company is Vulnerable in the particular case, because first it is alleged by the healthcare authority for the supply of lethalsteroids in the market, supported by the data fromdifferent cities and secondlybecause of the death occurredof 65 people due to the use of steroid medicine. Along with this, since the legal body and authority of healthcare has also found the activities and operations of the NECC non-complaint with the law and general health standards, the position of the company has further weakened in the industry and in the sight of law. In addition to all theseevents, the allegationsand evidences from the company’s employees also reinforced the activitiesand thus left no way for the company todefend the position.
The potential plaintiffs in the case are the patientswho have been effected by the educations. Since they have the medical history and data of using the medications of NECC, they can clearly claim the company for the lethalreaction. However, the government can also play the role of plaintiff, as the company has brokenthe law of country under healthcare segment, the government can treatthecompanyas criminal in an act of regulation the healthcarestandardsinthecity. (Bloomquist, 2017).
Assuming the product is defective, what theories could potential plaintiffs use to sue?
The potential Plaintiffs that are actually the patients can use the multiple theories, among them some are sited below.
- Since all pharmaceuticals are responsible to get the approval of its medicine formula from FDA, NECC failed to authorizeit’s customize medicine formulas from the FDA and does notattain any ISO certification.
- NECC, did not proposed any warning or disclaimer for its medicine, and thus the plaintiff can use it against the company in pursuing the lawsuit.
- It didn’t offered the prescription and important rules to be read in black bold in the leaflets,which makes it liable to lawsuit.
- The plaintiffs can also use the testimonials and verdict of the employees that will support the case of the plaintiff against the company.(Stefan, 2008)
What actions, by either company, could give rise to tort liability? What torts have been committed? What would a plaintiff need to prove for each tort?
There are following action that could give rise to tort Liability:
Since the company failed to adhere to the quality standards of healthandcleanliness which lead to the supply of unsterilized and unhygienic syringes in the market causing allergies and reactions to the patients, it can give rise to the tortsliability. In addition, the company also labeled the medicineswronglyalongwith the incorporation of improper chemical proposition in the medicine, leading to lethal reactions on patients. These particular incidents can give rise to the lethal reactions on patientsand cause deaths, hence these could increase the tort liability on the company. Lastly, the supply of untested sample of the medicinescould result in increase in tort liability as it will affect the patients allergic to certainchemicals................................
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