In this paper you will read the scenario and present a position on that issue.
Papers shall cite a minimum of three sources. One of the sources must be from the text, one must be an Internet source (with hyperlink) and the third may be from any source (print, personal experience, Internet, learned treatise, journal, etc.). You shall cite each source in APA format.
New medical treatments, by strict definition, are not the “current medical practice.” Should a physician be immune from liability for harm suffered from a patient who is among the first to be treated in a new and innovative manner in which the potential risks have not been discovered? Report on a new and possibly innovative medical treatment (i.e., medication or medical procedure, diagnostic tests, etc.) where there exist uncharted waters about the possible outcome. Review carefully the Perez case and the Hardi case as a starting point.
This week assignment I need a (650-words minimum). In this paper you will read the scenario and present a position on that issue. Papers shall cite a minimum of three sources. One of the sources must be from the text, one must be an Internet source (with hyperlink) and the third may be from any source (print, personal experience, Internet, learned treatise, journal, etc.). You shall cite each source in APA format.
New medical treatments, by strict definition, are not the “current medical practice.” Should a physician be immune from liability for harm suffered from a patient who is among the first to be treated in a new and innovative manner in which the potential risks have not been discovered? Report on a new and possibly innovative medical treatment (i.e., medication or medical procedure, diagnostic tests, etc.) where there exist uncharted waters about the possible outcome. Review carefully the Perez case and the Hardi case as a starting point.
Remarks from the Prof. (hopeful we can improve this week) still have 3 more short story.
Good paper and commentary. It contained and illustrated several valid points. *Expand your discussion more fully for more points. Your reasoning could be further expanded. Good effort.
Reading ( you would have to goggle the cases)
Perez v. Wyeth Laboratories, Inc., available in Doc Sharing
– Liabilities created by pharmaceutical direct advertising to consumers
• Hardi v. Mezzanotte, pp. 405-412
– Delayed, uncertain, or shared responsibility of medical error
• Herskovits v. Group Health Cooperative of Puget Sound, pp. 425-435
– The “Loss of Chance” doctrine of damages
PEREZ v. WYETH LABORATORIES, INC.
713 A.2d 520 (1998)
313 N.J. Super. 511
Saray PEREZ, Cheryl Bailey, Kimberly Bartlett, Anna Cesareo and Soraya Arias, Plaintiffs-Appellants,1
v.
WYETH LABORATORIES, INC., a subsidiary of American Home Products Corporation; American Home Products Corporation; Wyeth-Ayerst Laboratories Division of American Home Products Corporation; Wyeth-Ayerst International Inc.; Wyeth-Ayerst Laboratories Company and Dow Corning France, S.A., Defendants-Respondents.
Superior Court of New Jersey, Appellate Division.
Argued May 19, 1998.
Decided June 12, 1998.
Richard Galex for plaintiffs-appellants (Galex, Tortoreti & Tomes, Brunswick, attorneys; Mr. Galex, on the brief).
Anita Hotchkiss, Morristown, for defendants-respondents (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss and Linda Pissott Reig, on the brief).
Before Judges DREIER, KEEFE and PAUL G. LEVY.
The opinion of the court was delivered by DREIER, P.J.A.D.
Various plaintiffs, designated as the “bellwether” parties in consolidated product liability actions, have appealed from a summary judgment determining that defendants had no duty to warn these consumers of possible adverse effects attendant upon the insertion, maintenance and removal of defendants’ Norplant contraceptive medication. Judge Corodemus in her comprehensive decision of December 5, 1997, reported at 313 N.J.Super. 646, 713 A.2d 588 (Law Div.1997), traced the history of plaintiffs’ complaints, the State of New Jersey law, out-of-state authority, and how our statutory and common law learned intermediary rules bear upon a prescription drug provider’s duty to warn the consumer of its products. We agree with her analysis and decision to select bellwether plaintiffs, as such practice of using bellwether cases is firmly established in the law. See In re Norplant Contraceptive Products Liability Litigation, 955 F.Supp. 700 (E.D.Tex.1997), in which, incidentally, Chief Judge Schell reached the same substantive result as Judge Corodemus.
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