Question

Karen Bartlett was given a generic version of Sulindac, an anti-inflammatory drug. The result was that she developed toxic epidermal necrolysis, a disease that disfigured and blinded her. She brought suit alleging that there were warnings that should have been put on the generic version of the drug because issues with the skin infections were being reported. However, the manufacturer to Sulindac did not have FDA approval to place the warning on the product. The jury awarded Ms. Bartlett $21 million, and the generic manufacturer appealed the decision. Which of the following theories would be the best approach for the generic manufacturer to take in order to have the verdict reversed?

a. the commerce clause
b. substantive due process
c. preemption
d. due process because of the excessive size of the verdict

Answer 1

option c: Preemption

Step-by-step explanation:

preemption can simply be defined as the rule of law that proclaims the federal law and the constitution as the supreme law in all the land so therefore if there is a case whereby there is a conflict between a federal and a state law, the federal law will be in absolute control and this will render the state law to be void.

there are two primary occasion that will warrant preemption they are where clearly, federal law preempts state or local law, and also where preemption is implied. different kind of preemption can also be said to be express preemption, implied preemption, field preemption, conflict preemption and frustration of purpose preemption.