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Torts Keyed to Epstein
Zuchowicz v. United States
Citation:140 F.3d 381 (2nd Cir. 1998)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff filled a prescription for the drug Danocrine at the Naval Hospital pharmacy in Groton, Connecticut. The prescription wrongly told her to take 1600mg of the medicine per day, which is twice the maximum recommended dosage. Plaintiff took 1600mg each day for the next month and then dropped to 800mg for about a week. She experienced a myriad of side effects, from weight gain and edema to chest pain, dizziness, and headaches. She was then examined by a OB/GYN who instructed her to stop taking the Danocrine. A few months later, she was still experiencing symptoms and was subsequently diagnosed with primary pulmonary hypertension, a rare and fatal condition with a life expectancy of 2.5 years. Plaintiff was on the waiting list for a lung transplant when she became pregnant, which made her ineligible for a transplant. She gave birth to a son soon thereafter and died one month later.
The plaintiff’s expert testified that he was confident to a reasonable certainty that the high dose of Danocrine caused the condition that killed the plaintiff.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
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