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For your Problem-Solution Analysis Paper for this week, refer to the Saray Perez v. Wyeth Laboratories Inc. case starting on page 271 of your text and then address the following questions:

  1. What is the Learned Intermediary Rule? Explain the context in which it became law.
  2. On what legal grounds does the majority believe that the Learned Intermediary Rule does not apply where drugs are advertised directly to consumers? How does the dissent view this issue?
  3. From a consumer perspective, what are the pros and cons of DTC advertising?
  4. Who are the major stakeholders in the pharmaceutical direct-to-consumer scenario? Does this type of marketing create “the greatest happiness for the greatest number,” in utilitarian terms? What might a deontological thinker say about DTC marketing?

Your responses to the questions posed should be in paragraph format.

Writing Requirements (APA format)

  • 3-4 pages (approx. 300 words per page), not including title page or references page
  • 1-inch margins
  • Double-spaced pages
  • 12-point Times New Roman font
  • Title page with topic and name of student
  • References page

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