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What legal options are available for a family if one of the members died from using Rezulin?
Question: Mr. and Mrs. Anderson's daughter was prescribed Rezulin for treatment of her diabetes. After taking the drug for six months, she developed liver damage and died. What legal options are available in West Virginia to the Andersons as personal representatives of the deceased?
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Answers (1)
They can file a class action suit against the manufacturer of Rezulin, claiming that the drug was defective due to inadequate warnings and labels as well as defective in its manufacture and design. In West Virginia, a plaintiff can prove strict liability by showing that the product is not reasonably safe for what it is intended to do. This is determined by "what a reasonably prudent manufacturer's standards should have been at the time the product was made". Morningstar v. Black and Decker Mfg. Co., 162 W.Va. 857, 253 S.E.2d 666 (1979) Another claim that the Andersons can make is that the manufacturer engaged in deceptive practices violative of West Virginia's Consumer Credit and Protection Act by withholding, in its marketing and advertising of Rezulin, critical information from the public and patients about the drug's problems.
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Posted by Yara Zakharia on 21 Jan 2010