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Irac Examples

In: Business and Management

Submitted By hoss1987
Words 278
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9/27/15

Case 7.1

Bruesewitz v. Wyeth, LLC

I: Whether or not Wyeth was liable for its product, or vaccine?

R: NCVIA act allows people injured by a vaccine to file for compensation but the acts quid pro quo eliminates liability for a vaccine's unavoidable, adverse side effects. No fault compensation program

A: Acts quid pro quo provides an efficient compensation program for vaccine injuries; in exchange they avoid costly tort litigation

C: U.S Supreme Court affirmed the lower courts judgement and they can't bring further to any court because the party had received enough compensation from the act

7.2 Wilson Sporting Goods Co. v. Hickox

I: Whether there was product liability based on design defect

R: Consumer expectation test says a product is unreasonably dangerous when it fails to perform in the manner that would reasonably be expected by an ordinary consumer

A: An ordinary consumer would have expected the mask to perform more safely than other models and would have expected baseball masks to disperse rather than concentrate energy

C: The judgment of the court affirmed in favor of plaintiff

7.3 Johnson v. Medtronic, Inc.

I: Whether the plaintiff could pursue a theory of recovery alleging both a design defect and defect in warning label

R: Product is defective only when foreseeable risks posed by product could be reduced or avoided by reasonable instructions

A: They could not establish that the Medtronics use couldn’t be anticipated

C: The Missouri court said there was no inadequacy of Medtronics warnings, but could pursue claim alleging design defect; court affirmed trial courts decision in part and reversed it in part not favorable to…...

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