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Case Law Analysis- Tort Law
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This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:04:33 GMT -
https://www.coursehero.com/file/155931005/Tort-Law-
, 2
Introduction
A tort is an act that causes hurt or harm to another person and is
treated as a civil wrong by the courts. The fundamental goals of tort law are
to offer compensation to affected parties for harms inflicted by others, to
hold those responsible for the injury accountable, and to dissuade others
from harming others (Alsmadi & Alnawas, 2012).
Products liability refers to the responsibility of any or all parties involved in
the production of a product for any damage that the product may cause
(Cross & Miller, 2021). Products with inherent flaws that cause harm to the
product's consumer are the basis for product liability lawsuits.
Facts
In Wyeth v. Levine (2009) Diana Levine received treatment for recurrent
acute nausea and headache in April 2000. The medical practitioner used
intravenous (IV)- push method to inject Levine with the anti-nausea
medication Phenergan as part of the approved treatment plan. The FDA-
approved labelling guidelines for Phenergan did not ban this route of
administration, but it did carry multiple warnings and cautions about the
potential of arterial exposure when administered via IV injection. Phenergan
is corrosive and can induce irreparable gangrene when it enters a patient's
artery, despite the fact that it is considered safe and effective when
administered as advised in the approved labeling. In this case, Phenergan
was unintentionally injected into Levine's artery, causing gangrene and the
loss of her forearm. Levine filed a lawsuit against Wyeth, the drug's maker,
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:04:33 GMT -
https://www.coursehero.com/file/155931005/Tort-Law-
Case Law Analysis- Tort Law
Student’s
Name
Affiliation
Course
Professor
Date
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:04:33 GMT -
https://www.coursehero.com/file/155931005/Tort-Law-
, 2
Introduction
A tort is an act that causes hurt or harm to another person and is
treated as a civil wrong by the courts. The fundamental goals of tort law are
to offer compensation to affected parties for harms inflicted by others, to
hold those responsible for the injury accountable, and to dissuade others
from harming others (Alsmadi & Alnawas, 2012).
Products liability refers to the responsibility of any or all parties involved in
the production of a product for any damage that the product may cause
(Cross & Miller, 2021). Products with inherent flaws that cause harm to the
product's consumer are the basis for product liability lawsuits.
Facts
In Wyeth v. Levine (2009) Diana Levine received treatment for recurrent
acute nausea and headache in April 2000. The medical practitioner used
intravenous (IV)- push method to inject Levine with the anti-nausea
medication Phenergan as part of the approved treatment plan. The FDA-
approved labelling guidelines for Phenergan did not ban this route of
administration, but it did carry multiple warnings and cautions about the
potential of arterial exposure when administered via IV injection. Phenergan
is corrosive and can induce irreparable gangrene when it enters a patient's
artery, despite the fact that it is considered safe and effective when
administered as advised in the approved labeling. In this case, Phenergan
was unintentionally injected into Levine's artery, causing gangrene and the
loss of her forearm. Levine filed a lawsuit against Wyeth, the drug's maker,
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:04:33 GMT -
https://www.coursehero.com/file/155931005/Tort-Law-
