Every year millions of children are vaccinated against polio. For reasons that are unclear, some children contract polio from the vaccine, even though their dose was no different than the others. Assume that child who contracts polio after receiving a vaccine sues the vaccine maker for damages. The likely result of the case will be that:
a. no liability will be imposed because of the public health benefits from the polio vaccine campaign
b. no liability will be imposed because the FDA Act prohibits liability from being imposed on drug producers who sell FDA approved drugs
c. if the FDA has approved the vaccine, liability may not be imposed due to the learned intermediary doctrine d. it is uncertain if liability will be imposed; FDA approval is not a shield against liability
e. even if the FDA has approved the vaccine, the rule of strict liability makes the producer legally liable for all damages
Question 2
What is not true about the operation of the Occupational Safety and Health Act?
a. OSHA must obtain warrants before inspecting a worksite for evidence of safety violations b. compliance with OSHA standards is not voluntary
c. OSHA has authority to issue health standards for industry d. fines imposed by OSHA may be in the millions of dollars. e. all of the other choices are true
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