Friday, September 13, 2019
A Company That Has Had a Lawsuit in the Last 10 Years Research Paper
A Company That Has Had a Lawsuit in the Last 10 Years - Research Paper Example The paper chronologically accounts for the case how it started, got to be developed and concluded in a court of law. In the determination of the ruling, this paper has considered that basics that were used by the court of law to determine this case. In relation to this, the paper also gives accounts of the changes that has characterized the company following the law suit, the agencies charged with giving certificate of operation for drug companies as well as the recommendation to the companies in similar products based on the suit. Mylan Company is one of the worldââ¬â¢s biggest and leading generics and pharmaceutical companies. The companyââ¬â¢s products are available in almost over 150 countries worldwide; Germany, New Zealand, Austria, Belgium, Zech Republic, Denmark, Finland, and France are among the countries where the company operates. In its production, the company relies on contemporary production mechanisms where drugs safety and hygienic processes are observed. Throug h this, the company is producing reliable pharmaceutical products for consumers (Ceder, 2011). The company employs about 18,000 employees in all the branches all over the world. Given the companyââ¬â¢s growth and service to the consumers, it has realized tremendous success in the industry. In this regard, it supplies most of the pharmaceutical drugs including the antiretroviral for treatment of HIV/AIDS patients (Ceder, 2011). The company was started in 1961 and became a publicly traded company in 1973 (Ceder, 2011). In 2002, the company was involved in a legal issue with the one of its client who sustained a back pain while changing the tires of the vehicle and was administered a painkiller fentanyl. Fentanyl is an addictive narcotic that affects the nervous system. After two days, the patient died and the postmortem results indicated that a lethal dose of the drug, Fentanyl was found in his blood stream, this was in 2002. The family filed a lawsuit against Mylan of manufacturin g lethal products since the physiological effects of the drugs contradicted the recommendation given in the package. The plaintiff lawyer argued that a defect in the drug and the only thing that has not been ascertained is the type of defect that was in the drug. During the period of the suit, Mylan maintained that the products were not defective and that they complied with the food and drugs administration that inspects quality of the drugs (Sobel, 2012). Discuss the legal theories used by the plaintiff to recover in this lawsuit. How the lawsuit was resolved, and why you agree with the decision in the case. The plaintiff asserted during their argument that there was defect in the drug and that is the companyââ¬â¢s responsibility to identify such mistakes and to address any defect before releasing the drugs into the market. Specifically, they asserted that the defect was occasioned by negligence of the company workers during manufacturing. That the company has the duty of care t o its customers and should ensure that their products in the market are suitable for use by the customers (Mickey, 2004). The plaintiff accused the company of not observing professional due diligence in drug manufacturing and that this was not followed, defective drugs found their way into the market and resulted in to the death of their own. The defective in the drug was in its physiological departure where it affected the functionality of the nervous system. In the decision that was reached by the court over the case is that the company was liable for the death and they had to compensate the family appropriately for contributing into the death of the familyââ¬â¢s bread winner. The court found that the company
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