A chronic acne patient named A filed a case against manufacturer M based on the injury she suffered after consuming prescribed acne medication. The risk of autoimmune disorders was not included in the information stated on the drug, and nor was she otherwise advised by her physician. She experienced critical joint pain and was diagnosed with lupus. To find: On what basis of action in product liability does the person A can claim damages from the manufacturer M.

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Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…

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Chapter 7, Problem 7BCP

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Case summary: A chronic acne patient named A filed a case against manufacturer M based on the injury she suffered after consuming prescribed acne medication. The risk of autoimmune disorders was not included in the information stated on the drug, and nor was she otherwise advised by her physician. She experienced critical joint pain and was diagnosed with lupus.

To find: On what basis of action in product liability does the person A can claim damages from the manufacturer M.

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Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…

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