Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 12

Velda, age 35, suffered with a migraine headache. Because she was so busy ather job as a bank vice president, she did not seek out medical assistance from herprimary physician, but instead went to an "after hours" clinic. A physician's assistantprovided her with an antihistamine used to treat migraine headaches, but that couldalso be used for severe nausea. The label on the antihistamine bottle, however, didnot warn that this drug was a new prescription manufactured by the Lundig PharmaceuticalCompany and was more risky to use as a treatment for migraine headachesthan a stand-alone drug would be. After two days of using the drug (without takingany other medications), Velda became very ill and was admitted to a hospital. Shewas diagnosed with an infection which left her blind in one eye. The infection andloss of her eye were traced to the antihistamine given to her at the "after hours"clinic. She sued the Lundig Pharmaceutical Company for $10 million based on heryoung age, her bank position, and pain and suffering for loss of an eye.
Questions
1. What theory of product liability would be best for bringing her lawsuit?
2. Would your argument be the only one that Velda could use as her basis for a legal action? Explain.
3. Who has the stronger argument, Velda or Lundig Pharmaceutical? Explain.
4. If Velda is successful in her lawsuit, to what type of damages would she be entitled?