Discussion questions

Double Double Toil and Trouble Case Questions: (Part 1)

  1. What should regulatory agencies do in reaction to the NECC/Ameridose problem? What kind of plan and actions should be taken to protect the public health?  Which branches of government and agencies could and should get involved?
  2. Who can sue in this situation? Other than the patients injured by the tainted injections, who could be a plaintiff? 
  3. What are the potential civil causes of action? Please analyze each and determine whether the elements exist to support such causes of action. Hint:  Consider contractual claims, tort actions and product liability.
  4. Does it appear that any of the behavior in this story may have been criminal? Is any of the conduct so bad that someone should go to jail? 
  5. When there is criminal activity involving a corporate entity, who should be punished? Could a person be criminally responsible for regulatory violations?  Is this fair?