Though this is primarily a way of strengthening each plaintiff's case and their cases as a whole, it has certain benefits to defendants as well. By dealing with the Vioxx cases as a class action and coming to an out-of-court resolution with the class action, Merck avoided incurring additional legal costs in resolving or bringing to trial each of the individual cases that it was faced with. This is one way of managing the legal risks of the company; given a different set of circumstances, it might have been advantageous to try each case separately and many cases might have been dismissed due to lack of merit; in this case; the harm caused was fairly evident and materially the same in every case, so the legal exposure would have been increased by severing (or attempting...
In such cases, the plaintiff must prove that a structure or item of the defendant's is wholly or partially on the plaintiff's property as defined by official property/parcel records. The defendant can really only resist the claim if the parcel records show that their structures are wholly contained on their own property. Torts from business operations can include false advertising, in which the plaintiff must prove that the defendant knowingly made a claim or advertisement that was materially false and not obvious puffery. The defendant can resist such torts either by substantiating the questioned claim or demonstrating that it was self-evident puffery.
More than anything else, this case exemplifies a keen sense of legal risk management. The company made enormous profits from the drug while it was selling it; it was highly effective for its on-label purpose and had no known dangerous side effects. After finding that they could be responsible for causing heart problems in patients taking the drug, the company pulled it for ethical reasons and as a means of
It is different than a criminal action, which involves a breach of duty owed to society at large. It is possible that actions are both tors and crimes; but only the state may prosecute a crime, but any injured party may bring a lawsuit against another as a tort ruling. There are a number of different torts; ranging from assault to negligence, all with foundations in the common law
Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and brings suit on behalf of the entire class against the defendant. In a class action, Merck would be able to deal with multiple claimants at once, minimizing legal costs
(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the
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