Essay Assignment | College Homework Help

Cucamonga Laboratories is one of a dozen pharmaceutical companies that produce a synthetic version of a hormone commonly prescribed to pregnant women believed to be at risk of premature labor. We will call it Hormone X. Cucamonga had originally filed for the patent of the original hormone, but the patent has since expired, and since then a multitude of producers provide a generic and commodity version of the same hormone. Lauren was excited to find out that she was pregnant for the first time, but when she went to the obstetrician and had some routine tests performed, he found that she was at risk for premature labor, and prescribed her Hormone X. Hormone X had long been considered the appropriate prescription for a person with Lauren’s test results, and most doctors would have agreed with the prescription here. About 1 in 5 doctors, however, would probably hold off and take another test to determine whether the conditions remain that make the hormone necessary, given that it has some known side effects such as weight gain and light nausea. For its part, Cucamonga and the other producers of Hormone X had all relied on the same set of disclosures which had been required by the FDA when the drug was still approved. None of the companies had done any further research into the safety of Hormone X; it turned out later that Hormone X had been exposed by a whistleblower from one of the other companies that had done his own research and discovered the carcinogenic qualities of the product. After he attempted to raise those issues with his employer, he was swiftly fired, locked out of his office, and escorted out of the office. Lauren’s pregnancy lasted a full term, but just before she gave birth, the Food and Drug Administration announced that it had determined Hormone X should no longer be prescribed except in extreme cases on a fully experimental basis. As it turned out, new tests had determined that Hormone X is highly carcinogenic, and increases the risk of birth defects. Taking Hormone X also exposes the birth mother to increased risk of pre-cancerous and cancerous growths. Lauren does not know, however, which manufacturer of Hormone X is responsible for making the hormone that she was administered during her pregnancy. Nor is there any way to know, because the hormone is produced by various companies based on factors of supply and demand, and are not marketed by brand. Lauren’s newborn daughter was born without apparent birth defect. Lauren herself has not developed any growths, but all women that have taken Hormone X have been recommended to obtain annual colonoscopies and biopsies to ensure that potential cancers are found early. Nevertheless, she has sued Cucamonga and all of the other manufacturers of Hormone X. Analyze Lauren’s potential causes of action on behalf of her and her daughter, and analyze any defenses that Cucamonga or any of the other manufacturer defendants may have in this action. Also analyze any causes of action that may be brought by others.

My Homework Nest
Calculate your paper price
Pages (550 words)
Approximate price: -