Ch 7 IRAC Cases 7.1, 7.2, 7.3

Ch 7 IRAC Cases 7.1, 7.2, 7.3

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Chapter 7 – IRAC Cases 7.1, 7.2 & 7.3 Case 7.1 Bruesewitz v. Wyeth, LLC Issue: Did Wyeth LLC have strict product liability over the side effects little Hanna Bruesewitz experienced by having seizures. Was the DTP vaccine defective? Rule: The National Childhood Vaccine Injury Act (NCVIA) was created to provide compensation for vaccine-related injuries. It also is a way for families affected by these injuries to avoid a long drawn out process in the court system. The NCVIA acted as a shield to the manufacturers against design-defect claims. Analysis: The NCVIA gives the manufacturers of vaccines a certain amount of protection from liability. Conclusion: The Court upheld the lower court’s decision. 1 | P a g e
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Case 7.2 Wilson Sporting Goods Co. v. Hickox Issue : Was Wilson Sporting Goods liable for a product defect regarding the umpire mask? Rule : There were two tests commonly used to decide whether a product’s design was defective: the consumer-expectation test and the risk-utility test.
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