115. 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
116. In Wyeth v. Levine, where Levine sued the drug developer Wyeth for failure to warn after she lost her forearm
and hand after being given a drug by IV–push, a method known to have risks, the U.S. Supreme Court:
a. dismissed the state court‘s judgment for Levine because it was impossible for Wyeth to comply with both
federal and state labeling regulations
b. dismissed the state court’s judgment for Levine because it was not impossible for Wyeth to comply with both
federal and state labeling regulations
c. upheld the state court’s judgment for Levine because it was not impossible for Wyeth to comply with both
federal and state labeling regulations
d. awarded Levine additional damages
e. reversed the state court’s decision for Levine and ordered her to pay Wyeth’s attorney fees