[Allergy Injuries] Drug Company ABC Drugs Introduced a New Over-The-Counter

question 19

Multiple Choice

[Allergy Injuries] Drug company ABC Drugs introduced a new over-the-counter allergy pill guaranteed to prevent sneezing and sniffling for twenty-four hours after the consumption of one pill. The packaging contained warnings of the drug's side effects, including nausea and headache. After it was initially put on the market, the company became aware of a risk of dizziness from the drug in people with high blood pressure. However, the company did not warn of the additional risk because the company was concerned that individuals might not buy the pill. The risk of dizziness for the average person was extremely low. Julia had suffered allergies for years and had tried nearly every new product on the market. She even maintained a blog called "Ask the Expert About Allergies." She thought that ABC's pill was a great idea and purchased it at her local convenience store. She purchased the product after the date the company became aware of the issues involving dizziness. She took one pill and felt fine for a few days. Then, however, she began feeling dizzy. Her dizziness caused her to fall and break her leg on a flight of steps. She later discovered that the allergy pill likely made her dizzy. Julia sued under state law alleging failure to warn of the dangerous side effect of the drug. The drug company claimed that it had no duty to list dizziness as a risk because it was an over-the-counter drug and the risk of dizziness to the average person was extremely rare.
-With regard to Julia's blog, what defense could the company claim?

• A) Misuse.
• B) Sophisticated-user.
• C) Assumption of the risk.
• D) State-of-the-art.
• E) Statute of limitations.

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Definitions:

Fully Functioning Person

A fully functioning person is a concept in humanistic psychology referring to an individual who is living in alignment with their true self, experiencing an ongoing process of personal growth and fulfillment.

Defenses

Psychological strategies brought into play by individuals or the ego to protect against feelings of anxiety or guilt, and to maintain self-image.

Person-Centered Therapy

A therapeutic approach developed by Carl Rogers focusing on an individual's self-worth and values, emphasizing empathy, unconditional positive regard, and genuine interaction from the therapist.

Therapeutic Situation

An environment created during therapy sessions that provides safety and support for clients to explore their issues and feelings.