Answer:
Market share liability
Explanation:
To understand the doctrine of market share liability, it is important to first know the meaning of market share itself.
Market share refers to the percentage of the overall sales of a particular industry that is generated by a company. It calculated by dividing the total sales of the firm during a specified period by the aggregate sales of the industry during the same period. This gives an idea what the size of a company is compared with its competitors in the industry.
From the question, market share of BDC for that drug i Ohio is believed to be 40% when the mother of the plaintiff was taking it.
Market share liability is a legal doctrine unique to the law of the U.S. which gives an opportunity to a plaintiff who sustained an injury from a fungible product to establish a prima facie case against the product based on the market share of the manufacturers of that product, regardless of whether or not knows the actual producer of the product.
Therefore, the state of the plaintiff follows the doctrine of market share liability if he is able to collect $40,000 which from BDC out of the $100,000.
Note:
The $40,000 is obtained after applying 40% market share of BDC to the $100,000 total damages.
I wish you the best.
Answer: A.
Explanation:
A unitary state, or unitary government, is a governing system in which a single central government has total power over all of its other political subdivisions. A unitary state is the opposite of a federation, where governmental powers and responsibilities are divided.
Answer:
Explanation:
Although it has been attempted to overturn the ruling in the Helling case, I would suppose that these attempts have been unsuccessful because the ruling was in favor of a higher standard of care than what was deemed appropriate by for the ophthalmologists. One might argue that the ruling has remained in place because holding the defendants liable was, in a way, a step towards checking the medical profession’s privilege to set it’s own standards. I feel as though legislature has probably not seen fit to reinforce it because the original ruling remains valid in that a doctor can follow all of the standards of care, and still be liable.
It’s probably the Supreme court
Answer:
He should be made to understand that formularies must be developed with input from health practitioners such as pharmacists,doctors, etc.
Explanation:
Mr. Nguyen is suspicious about how plans establish these formularies. His suspicions should be allayed by explaining the basic principles of how formularies are established.
This involves the input of Health practitioners or experts who focus on various properties of the formularies to ensure it has a high efficacy and fit for consumption.
