Please refer to Case 6-3 and consider the following questions:
1. If you were charged with defending a pharmaceutical company, what would you advise the company to do to encourage a court in a future case to reject the learned intermediary doctrine? Clue: Think about what you would ask both patients and doctors during the discovery process about the facts that led the doctor to prescribe a particular drug to a patient.
2. In rejecting the learned intermediary doctrine, which ethical norm is the court showing it prefers? Clue: Figure out who benefits from the court’s decision and how this group benefits.
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