Premium Essay

Parke Davis Case Summary

Submitted By
Words 1086
Pages 5
Facts
On the 22nd of February, 1980, the Supreme Court of Illinois filed their opinion in the case number 50745. In this case, Robert E. Woodill et al. – the appellants – had sued Parke Davis & CO. et al. – the appellees – citing a drug that the company had produced as responsible for injuries sustained by Eric Woodill during delivery. For that matter, the plaintiffs were acting on behalf of Eric – a minor – in which case they were seeking restitution for the injuries. In reference to that, the plaintiffs argued that the defendant had breached their warranty since the drug caused injury rather than enhanced life. In addition, the plaintiffs were seeking recompense for the mental anguish and distress they had suffered in relation to the injuries. In reference to that, the case was presented with three counts: Count I involved recompense for the injuries sustained by Eric; Count II was seeking recompense for the mental anguish and distress suffered by the appellants; and Count III was seeking restitution for the breach of warranty since the drug was presented as beneficial yet it was injurious.
Procedural History
The case was first presented to the Circuit Court of Cook County. In this case, the …show more content…
In this case, the court felt that the appellees had a case to answer since their product – the drug they had manufactured – constituted a breach of warranty. In essence, Parke Davis & CO. et al. had reason to believe that the drug they had manufactured was injurious but still went ahead to market it without informing consumers of the negative effects. In addition, the court presented that Count I be appealed to conform to Section 402A of the second Restatement of Torte. Thus, Robert E. Woodill et al. had ample reason to hold Parke Davis & CO. et al. responsible for failing to inform them of the drug’s negative

Similar Documents

Free Essay

Ethical Business Analysis

...ETHICAL CULTURAL ANALYSIS: Pfizer Incorporated Prepared by Benjamin Smith Submitted in partial fulfillment of Thomas Edison State College course: 2014AUG PHI-384-GS004: Ethics and the Business Professional. October 23, 2014 [pic] Introduction Pfizer is the second-largest biopharmaceutical company in the world, and largest research-based company in the world (Herper 2014). They are the producers of some of the most popular names in prescription drugs, including Lipitor®, Viagra®, Xanax®, and Zoloft®. They are also one of the leading names of over the counter drugs and supplements such as Advil®, Centrum®, and Robitussin®. Pfizer employs over 78,000 personnel all over the world in most every continent. Its operations encompass researching and development of new medications, vaccines, and therapies; government regulatory compliance; and providing care and support for global healthcare programs. My interest in Pfizer is that I plan on changing careers into the medical field as a physician or research scientist. As the leading research-based pharmaceutical company, I would aspire to work with neuroscientist Dr. Michael Ehlers and his team. This analysis will review Pfizer Incorporated as a responsible, ethical company by analyzing its mission statements, core values, published principles, and code of ethics, how these are reflected in their actions and which ethical concepts are displayed in these actions; how Pfizer prevents and responds to problematic...

Words: 4047 - Pages: 17

Free Essay

Pfizer.Inc

...Case Study: Pfizer Inc. Pharmaceutical Industry: Structure and Government Regulations Fairleigh Dickinson University- College at Florham Shivanshu Kharia 9/29/2013 Foundation: Pfizer is one of the world’s largest pharmaceutical companies by revenues, established in 1849, headquartered in New york, U.S.A. Pfizer started as a manufacturer of fine chemicals such as camphor, iodine, borax, citric acid and cream of tartar. The development of deep tank fermentation technique increased the production rate of citric acid by five fold and unlocked secrets to mass production of penicillin to meet high demand of this antibiotic during World War II. Further development of the fermentation techniques helped in reduction of cost of penicillin, which in turn aroused a need to research a new product with greater profit potential. Although citric acid became main product and launching pad of its growth in decades to follow, it was the discovery of Teramycin in 1950 that opened the doors to research based pharmaceutical company and a leading manufacturer of vitamins. Pfizer’s portfolio includes a wide array of medicines and vaccines for a wide range of conditions including areas of oncology, cardiovascular and metabolic diseases, immunology and inflammation, neuroscience and pain. Pfizer “A pioneering spirit on the frontier of medicine” continues to focus on applying science and global resources to improve health and well-being at every stage of life. ...

Words: 1654 - Pages: 7

Premium Essay

Leadership Style, a Correlational Study in Leadership Style and Use-of-Force Behavior of Police Officers

...LEADERSHIP STYLE, A CORRELATIONAL STUDY IN LEADERSHIP STYLE AND USE-OF-FORCE BEHAVIOR OF POLICE OFFICERS by Tommy Sickels Copyright June, 2015 A Dissertation Presented in Partial Fulfillment Of the Requirements for the Degree Doctorate in Educational Leadership University of Phoenix The Dissertation Committee for Tommy Sickels certifies that this may be the approved version of the following dissertation: The Dissertation Committee for Tommy Sickels certifies approval of the following dissertation: A CORRELLATlONAL STUDY IN LEADERSHIP STYLE AND USE-OF-FORCE BEHAVIOR OF POLICE OFFICERS Commiittee: Orlando Ramos, PhD, Chair Peggy Coplin, DPA, Committee Member Jack Phan, PhD, Committee Member ,,__.____ _ ,,__.____ _ Jeremy Moreland, PhD Dean, School of Advanced Studies University of Phoenix ABSTRACT Leadership style and police officer use-of-force are two important functions of law enforcement. What could be more important in a law enforcement agency than to have these two variables coexisting in an organization in a harmonious manner? By investigating whether a relationship exists between these two variables an answer to this question could emerge. In law enforcement today, the cost associated with excessive use-of-force civil law-suits against police officers and their departments can be staggering. Exposing police officers to a specific leadership style may influence the dynamics in the use-of-force behavior during...

Words: 30373 - Pages: 122

Premium Essay

The Source of Hong Kong Law

...scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A. Stare decisis requires three conditions: (1) an earlier case, and thus an element of 'priorness' or 'pastness', (2) factual similarity, and (3) a particular relationship between the decision-making authorities. We should also note that the doctrine looks both backwards and forwards: not only is a judge bound by decisions taken earlier, but his own decision is potentially binding on judges...

Words: 19541 - Pages: 79

Premium Essay

The Digital Footprint Analysis of Familyfun Magazine: Examining the Importance of Social Media for Magazines

...The Digital Footprint Analysis of FamilyFun Magazine: Examining the Importance of Social Media for Magazines Capstone research prepared for: NYU M.S. in Public Relations and Corporate Communication by Priyanka Mulimani, New York University Kerry Lee O‘Grady (Advisor) September 2013 Priyanka Mulimani Page 1 Abstract This paper researches the evolution of the magazine industry, its transitional phases and its adaptation to new technologies. The study examines the role of the Internet and social media for the magazine industry and the resulting impact on readership. It involves research and analysis of different social media elements and ways in which print magazines embrace them. The overall objective of this project is to examine the digital footprint of FamilyFun magazine and successfully devise a measurable social media strategy (with tactics) for it. The research highlights different ways present-day magazines use social media channels. The results of FamilyFun magazine‘s social media audit are tabulated in the presentation that follows. The presentation also includes the competitive analysis of FamilyFun magazine, which forms the basis for developing strategies and tactics for it. Additionally, the social media analysis of FamilyFun magazine provides an in-depth understanding of social media presence of parenthood magazines. Finally, based on the overall research and analysis, a list of best practices for effectively using different social media channels...

Words: 15242 - Pages: 61

Premium Essay

Intelectual Property Outline

...A. Overview of Intellectual Property (Book 24-30) 1. TRADE SECRETS (Outline pgs 3-11) ▪ Trade secret laws are State law doctrines that protect against the misappropriation of certain confidential information. o There is no federal statute ▪ A form of private IP law under which creators establish contractual limitation or build legal fences that afford protection from misappropriation. ELEMENTS: a. The information must be Secret. a. Relative, not absolute, secrecy is required. b. The owner must take Reasonable step to maintain secrecy. a. Once a trade secret is disclosed, protection is lost. c. There is some economic or competitive advantage to the owner. i. Misappropriation of Trade Secret: 1) Where the secrets were obtained by theft or other improper means. 2) Where they were used or disclosed by the D in violation of a confidential relationship. ▪ Trade secret does not prevent competitors from “reverse engineering” which is permitted. 2. PATENTS (Outline pgs 12- 31) a. 5 Requirements: 1) patentable subject matter (g.15) 2) utility (pg.16) 3) Description & Enablement (pg.17) 4) novelty & Statutory bar (pg.19) 5) non-obviousness...

Words: 13010 - Pages: 53

Free Essay

The Developments of 'Wrongful Birth' and 'Wrongful Life' in the Uk and Australia

...This article is published in a peer-reviewed section of the Utrecht Law Review The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases Ivo Giesen* 1. Introduction** 1.1. Comparable stories of great grief In 1993, a South African boy named Brian Stewart was born severely handicapped. He suffers from ‘spina bifida’, a congenital defect to the lower spine, which negatively affects the nerve supply to the lower limbs, bladder and bowel. He suffers from a brain defect as well.1 In 1994, a Dutch girl named Kelly Molenaar was also born severely handicapped. By the time she was two-and-half-years old she was diagnosed as being retarded, autistic, not fully grown, not able to walk or talk, suffering from heart disease, bad hearing and poor eyesight and she was not able, at that time, to recognize her parents. She had been admitted to hospital on nine occasions due to continuous crying, believed to be caused by pain.2 Comparable stories about severely handicapped children can be found in several other countries as well. Both Brian and Kelly were not supposed to have been born in the sense that their mothers would have chosen for an abortion had they known in time about the birth defects their children would suffer. Brian’s mother would have undergone a termination of her pregnancy had the obstetrician and gynaecologist she consulted detected any abnormalities in the foetus and advised her thereof. Kelly’s mother had asked the obstetrician she consulted to carry out some...

Words: 18173 - Pages: 73

Premium Essay

Letter

...EXECUTIVE COMPENSATION DISCLOSURE HANDBOOK: A Practical Guide to the SEC’s Executive Compensation Disclosure Rules Perkins Coie LLP Danielle Benderly Susan Daley Iveth Durbin Sue Morgan Kelly Reinholdtsen Executive Compensation Disclosure Handbook: A Practical Guide to the SEC’s Executive Compensation Disclosure Rules REVISED MAY 2010 Danielle Benderly Susan Daley Iveth Durbin Sue Morgan Kelly Reinholdtsen RR DONNELLEY Copyright RR Donnelley, 2010 (No claim to original U.S. Government works) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the authors and publisher. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a professional should be sought. Printed in the United States of America. RR DONNELLEY About RR Donnelley Financial Services Group As the world’s largest provider of integrated communications, RR Donnelley successfully leverages our global platform, industry leading service organization and enduring financial stability to help our clients achieve their goals. With over 145 years of...

Words: 158516 - Pages: 635

Free Essay

Procrastination

...Psychological Bulletin 2007, Vol. 133, No. 1, 65–94 Copyright 2007 by the American Psychological Association 0033-2909/07/$12.00 DOI: 10.1037/0033-2909.133.1.65 The Nature of Procrastination: A Meta-Analytic and Theoretical Review of Quintessential Self-Regulatory Failure Piers Steel University of Calgary Procrastination is a prevalent and pernicious form of self-regulatory failure that is not entirely understood. Hence, the relevant conceptual, theoretical, and empirical work is reviewed, drawing upon correlational, experimental, and qualitative findings. A meta-analysis of procrastination’s possible causes and effects, based on 691 correlations, reveals that neuroticism, rebelliousness, and sensation seeking show only a weak connection. Strong and consistent predictors of procrastination were task aversiveness, task delay, selfefficacy, and impulsiveness, as well as conscientiousness and its facets of self-control, distractibility, organization, and achievement motivation. These effects prove consistent with temporal motivation theory, an integrative hybrid of expectancy theory and hyperbolic discounting. Continued research into procrastination should not be delayed, especially because its prevalence appears to be growing. Keywords: procrastination, irrational delay, pathological decision making, meta-analysis Procrastination is extremely prevalent. Although virtually all of us have at least dallied with dallying, some have made it a way of life. Estimates indicate...

Words: 28985 - Pages: 116

Premium Essay

Lubca

...wave activity that occur during the different stages of sleep. Understand why sleep deprivation is harmful. Understand why deep sleep is important. Understand why REM sleep is important. Describe some common sleep disorders. 5.3 5.4 5.5 5.6 Describe the two main theories of dreams. Explain the two theories of hypnosis. Discuss the effects and benefits of meditation. List and describe the four categories of psychoactive drugs. Describe the effects of psychoactive drugs on the nervous system. 5.4 Hypnosis Critical Thinking About Hypnosis Theories of Hypnosis Altered State of Consciousness Role Playing Divided Consciousness 5.6 Drug Use Mechanism of Action of Psychoactive Drugs Depressants Alcohol Narcotics/Opiates Summary of Multiple Influences on Consciousness CONCEPT LEARNING CHECK 5.6 Effects of Psychoactive Drugs CONCEPT LEARNING CHECK 5.4 Theories of Stimulants Caffeine Nicotine Cocaine Methamphetamine Hypnosis 5.5 Meditation Meditation Defined Effects and Benefits of Meditation Hallucinogens LSD Marijuana Ecstasy CONCEPT LEARNING CHECK 5.5 Effects and Benefits of Meditation...

Words: 17277 - Pages: 70

Premium Essay

Group Interaction Articles

...GROUP INTERACTION JOURNAL ARTICLES Compiled by Lawrence R. Frey University of Colorado at Boulder Aamodt, M. G., & Kimbrough, W. W. (1982). Effects of group heterogeneity on quality of task solutions. Psychological Review, 50, 171-174. Abbey, D. S. (1982). Conflict in unstructured groups: An explanation from control-theory. Psychological Reports, 51, 177-178. Abele, A. E. (2003). The dynamics of masculine-agentic and feminine-communal traits: Findings from a prospective study. Journal of Personality and Social Psychology, 85, 768-776. Abele, A., Gendolla, G. H. E., & Petzold, P. (1998). Positive mood and in-group—out-group differentiation in a minimal group setting. Personality and Social Psychology Bulletin, 24, 1343-1357. Aberson, C. L., Healy, M., & Romero, V. (2000). Ingroup bias and self-esteem: A meta-analysis. Personality and Social Psychology Review, 4, 157-173. Abougendia, M., Joyce, A. S., Piper, W. E., & Ogrodniczuk, J. S. (2004). Alliance as a mediator of expectancy effects in short-term group psychotherapy. Group Dynamics: Theory, Research, and Practice, 8, 3-12. Abraham, A. (1973a). Group tensions as measured by configurations of different self and transself aspects. Group Process, 5, 71-89. Abraham, A. (1973b). A model for exploring intra and interindividual processes in groups. International Journal of Group Psychotherapy, 23, 3-22. Abraham, A. (1974-1975). Processes in groups. Bulletin de Psychogie, 28, 746-758. Abraham, A., Geffroy, Y., & Ancelin-Schutzenberger...

Words: 146784 - Pages: 588

Premium Essay

Who Drug Evaluation

...WHO DRUG INFORMATION V O L U M E 10 N U M B E R 4 19 9 6 P R O P O S E D INN LIST 76 INTERNATIONAL NONPROPRIETARY NAMES FOR P H A R M A C E U T I C A L S U B S T A N C E S WORLD HEALTH ORGANIZATION • GENEVA Volume 10, Number 4, 1996 World Health Organization, Geneva WHO Drug Information Contents General Policy Topics Meeting the challenge of biotechnology 175 Regulatory Matters Acellular pertussis vaccine for infants Breath test for Helicobacter pylori Restrictions on use of anorectics Coumarin: regulatory action Laxatives: reclassification of common ingredients Is melatonin a prescription drug? NSAIDS, antimicrobials and angioedema Drug-induced liver disease Fluoxetine and hepatitis Hepatitis B vaccine and musculoskeletal reactions Pyrithyldione-diphenhydramine and agranulocytosis Roxithromycin associated with cardiac arrhythmias 187 187 187 188 189 189 189 189 190 190 190 190 Reports on Individual Drugs Confirmation of increased chloroquine resistance in South Africa Which malaria drug for children? Post-malaria neurological syndrome and mefloquine Driving ability in cancer patients treated with morphine Hormone replacement therapy and venous thromboembolism 177 177 177 178 179 Safety Issues Documentation requirements for approval: safety Drug safety monitoring centres 180 181 Recent Publications WHO Expert Committee on Specifications for Pharmaceutical Preparations: Thirty-fourth report International Nonproprietary...

Words: 17347 - Pages: 70

Premium Essay

Fraternity

...Mary Lou Walker, Family Health Manager Karen Whitworth, Mental Health Manager Copyright: Copyright of this document is owned by University Health Network Women’s Health Program. The document has been reproduced for purposes of disseminating information to health and social service providers, as well as for teaching purposes. Citation: The following citation should be used when referring to the entire document. Specific chapter citations are noted at the beginning of each chapter. Stewart, D.E., Robertson, E., Dennis, C-L., Grace, S.L., & Wallington, T. (2003). Postpartum depression: Literature review of risk factors and interventions. POSTPARTUM DEPRESSION: LITERATURE REVIEW OF RISK FACTORS AND INTERVENTIONS Table of Contents EXECUTIVE SUMMARY 2 OVERALL METHODOLOGICAL FRAMEWORK 5 CHAPTER 1: RISK FACTORS FOR POSTPARTUM DEPRESSION 9 Emma Robertson PhD, Nalan Celasun PhD, Donna E. Stewart MD FRCPC CHAPTER 2: DETECTION, PREVENTION AND TREATMENT OF POSTPARTUM DEPRESSION 71 Cindy-Lee Dennis RN PhD CHAPTER 3: THE EFFECT OF POSTPARTUM DEPRESSION ON THE MOTHER-INFANT RELATIONSHIP AND CHILD GROWTH AND DEVELOPMENT 197 Sherry L. Grace PhD, Stephanie Sansom MA CHAPTER 4: PUBLIC HEALTH INTERVENTIONS AND...

Words: 108533 - Pages: 435

Free Essay

World Bank Report - Business Transparency

...2012 Doing business in a more transparent world C O M PA R I N G R E G U L AT I O N F O R D O M E S T I C F I R M S I N 1 8 3 E C O N O M I E S © 2012 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org All rights reserved. 1 2 3 4 08 07 06 05 A copublication of The World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone: 978-750-8400; fax: 978-750-4470; Internet: www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818...

Words: 173471 - Pages: 694

Free Essay

A Pattern-Oriented Approach to Fair Use

...School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants and the social and cultural implications of accepting or rejecting those claims. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence.When viewed in light of recent research by cognitive psychologists and other social scientists on patternsand creativity, in broader terms, the approach should...

Words: 74799 - Pages: 300