The defendant company, Genetech, Inc., designed, manufactured, and sold a psoriasis medication called Raptiva. The psoriasis medication

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The defendant company, Genetech, Inc., designed, manufactured, and sold a psoriasis medication called Raptiva. The psoriasis medication worked by suppressing T-cells to prevent their migration and contribution to psoriasis. Unfortunately, because T-cells also serve the purpose of fighting infections, the medication had the potential to cause life-threatening side effects. Following several reports of these life-threatening side effects, including one consumer who contracted a rare brain infection, Genetech voluntarily removed the product from the market in 2009. The plaintiff consumers claimed that the psoriasis medication caused several subsequent injuries, and as such, brought a product liability suit against Genetech. The district court granted Genetech's motion to dismiss, holding that Genetech was entitled to immunity under the Michigan Products Liability Act, and that the plaintiffs' claims that immunity did not apply to the defendant was preempted by federal law. The plaintiffs appealed. Do you think the court of appeals agreed that Genetech was immune to the product liability claims? Why or why not? Marsh v. Genetech, Inc., 693 F.3d 546, U.S. App. LEXIS 18703 (2012).
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The Legal Environment of Business A Critical Thinking Approach

ISBN: 978-0134074030

8th edition

Authors: Nancy K. Kubasek, Bartley A. Brennan, M. Neil Browne

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