Question
Seija is trying to lose weight. She has tried everything from crazy diets to extreme workouts and nothing has worked. One day, she sees an
Seija is trying to lose weight. She has tried everything from crazy diets to extreme workouts and nothing has worked. One day, she sees an advertisement for Slim RX, a new prescription drug manufactured by PharmaSlim, that is designed to magically help burn fat without any exercise. Seija calls her doctor, Dr. Raz, and begs him to prescribe Slim RX for her. Dr. Raz has known Seijia a long time and sends in the prescription without seeing her because he knows she has long struggled with her weight. Seija picks up the prescription and starts taking it. A few weeks later, Seija has shed 15 lbs. and is thrilled. . . until she notices that she has developed an intense scarring rash on her stomach and back. Seija visits Dr. Raz who tells her that this is likely a side effect of Slim RX and the scars will be permanent. Seija is shocked and dismayed. She would never have taken Slim RX had she known of the dangers. Seija is so upset about the scarring she joins a support group and begins seeing a therapist. Seija sues Dr. Raz and PharmaSlim. Under what theory or theories can Seija sue and what defenses may be raised.
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