Question
Paula recently went to see her doctor for severe glaucoma. He told her that her vision is in danger and prescribed Seerite made by Drugco.Seerite
Paula recently went to see her doctor for severe glaucoma. He told her that her vision is in danger and prescribed Seerite made by Drugco.Seerite was the newest and most promising treatment for glaucoma that exists. The product literature stated, "When used as directed, Seerite is 100% safe and effective for glaucoma." After Paula read this she put the literature in the trash. She overlooked a small statement on the back reading "Warning: in 2% of the population this product may produce uncontrollable weight gain." Three weeks after using Seerite, Paula had gained 50 pounds and continued to gain weight rapidly. Paula has stopped using Seerite, but she cannot lose the weight and this condition is now a separate health risk.
Is Seerite a defectively designed drug? What defenses would be available to Drugco against this claim? Is there any other theory under strict product liability law that Paula may use to recover against Drugco? Discuss fully.
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