Answer:
In the given case, the default is done by the FDA and not the producing company, hence, the company in loss is eligible for the loss they have occurred. As per the laws in United states, any entity losing any profits or incurring any loss due to actions of some government entity will be eligible to that extent of loss or reduce in value. Therefore, Marilyn is eligible to recover the loss in value, that is $98000, from food and drug administration.