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In the search for stronger antibiotics, a pharmaceutical manufacturer has developed a compound that is unparalleled in efficacy.When an infection is raging in a person,

In the search for stronger antibiotics, a pharmaceutical manufacturer has developed a compound that is unparalleled in efficacy.When an infection is raging in a person, and other antibiotics do not cure the problem, doctors will turn to the fluoroquinolones.There can be devastating effects fromfluoroquinolones(FQs) that may include symptoms of extreme fatigue, tendon rupture, joint and muscle pains, nerve pains, and nervous system disturbances.These side effects are noted in the literature that is provided to both prescribing physicians and to their patients when they pick up the medicine at the pharmacy.

However, neither the literature nor other communication identifies and discusses alternative pharmaceuticals to provide the same level of efficacy without the dangerous side effects.

For almost two years, Poppy had been unable to overcome a sinus infection with other antibiotics.He and his doctor decided to try Levaquin, one of the fluoroquinolones.After using the drug for some time to cure the sinus infection, the Levaquin was discontinued.Shortly thereafter, Poppy tore two tendons (connecting muscles to bones).The surgical repair and physical therapy took nearly six months, and cost almost $100,000.Poppy's health care insurance company and Poppy sued the makers of Levaquin for the injury and expense that Poppy incurred and that the insurance company had paid, in large part.

Which of the following is most correct?

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Because the drug caused the tendon injuries, a known side effect of this pharmaceutical, the pharmaceutical company is liable for Poppy's injuries and expenses without having to prove either negligence or intent.

The pharmaceutical company will not be liable for the injuries and expenses incurred by Poppy, because Poppy and his physician knew the risks as explained in the "side effects" and assumed the risks stated when he decided to take the drug.

The pharmaceutical company will be liable unless it provides a net benefit to the group of patientsthat would include Poppy.

The pharmaceutical company will not be liable unless it provides no net benefit toanygroup of patients.

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