Karen Bartlett Was Given a Generic Version of Sulindac,an Anti-Inflammatory

question 95

Multiple Choice

Karen Bartlett was given a generic version of Sulindac,an anti-inflammatory drug.The result was that she developed toxic epidermal necrolysis,a disease that disfigured and blinded her.She brought suit alleging that there were warnings that should have been put on the generic version of the drug because issues with the skin infections were being reported.However,the manufacturer to Sulindac did not have FDA approval to place the warning on the product.The jury awarded Ms.Bartlett $21 million,and the generic manufacturer appealed the decision.Which of the following theories would be the best approach for the generic manufacturer to take in order to have the verdict reversed?

• A)The Commerce Clause
• B)Preemption
• C)Due process because of the excessive size of the verdict
• D)Substantive due process

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Definitions:

Positive Consequences

Favorable outcomes or benefits that result from a specific behavior or action, often reinforcing the behavior.

Theoretical Frameworks

Structures of concepts, assumptions, and their relations, used to support or guide research, providing a comprehensive understanding of a phenomenon.

Performance Appraisals

The systematic evaluation of an employee's job performance and productivity, typically to determine compensation, promotions, and training needs.

Positive Reinforcement

The process of encouraging or increasing a behavior by following it with a positive stimulus.