Legal Memoradum
Read the fact pattern below
- Prepare a memorandum of no less than three, but no more than five, pages that:
- Summarizes the relevant facts necessary to analyze the issues listed below
- Identifies and analyzes each possible theory of product liability available to the client based upon the fact pattern
- Identifies and analyzes the damages that may be available for each tort claim identified
- Identifies and analyzes relevant defenses that may be available and determine if they have probable merit based upon the facts Fact Pattern Marty’s Malady
Your supervising attorney asks you
to participate in the initial consultation with a prospective client. Marty is a twenty-five year old game designer
for a prominent computer gaming company.
He is married to Mary. Michael is
their two-year old son. Mary works part-time at a local bookstore on the
weekends when Marty is not working and spends the rest of the time taking care
of Michael, the two-year old.
Marty is nearsighted and requires
a prescription. Two months ago he decided to use disposable contact lenses upon
the advice of his ophthalmologist. Marty
decided to have the contact lens prescription filled at the optometrist
affiliated with his ophthalmologist. He received a standard supply of the
disposable contacts. The optometrist provided some education and training in
the placement of the contacts into his eyes and the steps for the proper care
and storage of the lenses.
Marty used the contacts in the
manner outlined by the instructions and optometrist. About two weeks into using
the contacts, Marty noticed his eyes were red and irritated. He decided to
leave the contacts out to give his eyes a breather and wear his glasses for the
day. The following morning, he noticed that his eyes still appeared inflamed
and he was feeling a bit of discomfort. He called up his ophthalmologist and
set an appointment for the following day.
He woke up the following morning
with his eyes mattered shut and in significant pain. He decided to stay home
and gut it out until his doctor’s appointment at 10:00 a.m. His ophthalmologist
examined Marty’s eyes and determined they were infected.
The doctor queried Marty on the
manner in which he used his contacts and the brand of contacts he used. The
doctor recorded in information in the Marty’s file. He prescribed a topical
antibiotic for his eyes and had Marty schedule another appointment in 5 days to
check on the progress. He also advised Marty to suspend use of the contacts
until the infection cleared.
Marty pretty much complied with
the doctor’s orders. He applied the antibiotic three times a day, though not
precisely every eight hours as directed – sometimes he was up to an hour late.
However, after three days of treatment, Marty was still feeling pain and his
eyes seemed to be getting worse instead of better. He was planning to call his
doctor if things didn’t improve by the next day, but the doctor beat him to the
punch and called him back in. He was also asked to bring in his unused
disposable contacts.
Marty’s ophthalmologist explained
that his office just received a recall notice from the contact lens
manufacturing concerning certain lots of lenses. The doctor examined the lot
number on Marty’s package of lenses and confirms that it was included in the
recall. The ophthalmologist explains that the saline solution in which the
lenses were immersed during the packaging process was contaminated with
bacteria. Unfortunately, the bacterial strain is very resistant to antibiotics.
Marty is admitted to the hospital
for receive a powerful intravenous antibiotic in hopes of beating back the
infection. Unfortunately, the bacteria were too resistant to the treatment and
Marty lost vision in both eyes rendering him completely blind.
