Healthcare law midterm
dancerlover3
BUL6810MidtermFall20RXS.docxBUL 6810 RXS Takehome Midterm, HC MBA
Fall semester 2020
Essay: Please thoroughly answer all questions asked, using complete sentences and paragraphs, and defining legal terms. This exam is to be entirely your own work. This is not a group project, and this should not be discussed with any other person until after the midterm deadline. The FIU Honor Code is in effect. This exam is worth 25 points, and is due by Friday Nov. 6 before 11:58 p.m. through the Assignment Dropbox in in Canvas. Early submissions are gladly accepted. Concise yet precise business writing is very important. In the analysis part of each question, I want to know your thoughts, ideas, and proposals for improvement, and please spend some time on this part of the question, because you will be writing a health policy analysis in the capstone course in a year, so this is preparing you for that. Both content and writing will be assessed.
1. Purdue Pharma was founded in 1892 by medical doctors, and in 1952 was sold to other medical doctors, the Sacklers. Purdue Pharma (Purdue) is a closely held for-profit corporation headquartered in Stamford, CT. Purdue made pain relieving medication and in the mid 1990s released OxyContin, which has a high potential for addiction. Between 1995 and 2001, Purdue made $2.8 billion on OxyContin. And the lawsuits began. Numerous states sued Purdue, including Florida in 2018. By 2019, 36 states had sued Purdue. Purdue filed chapter 11 bankruptcy in 2019.
The focus of this question is the October 21, 2020 criminal case settlement between the Justice Department, Purdue, and the Sackler family owners of Purdue.
Please read the settlement with Purdue. Concisely discuss, including a summary of the facts and the contents of the settlement. https://www.justice.gov/opa/press-release/file/1329571/download (2 points)
Please read the settlement with the Sacklers and concisely discuss. https://www.justice.gov/opa/press-release/file/1329736/download (1 point)
Please read the plea agreement, and concisely discuss in your own words, including the specific criminal charges. https://www.justice.gov/opa/press-release/file/1329576/download
(2 points).
Now, please fully discuss your analysis of this criminal plea and settlement. Additional sources may be used. Spend some time on your analysis, as this is preparing you for your health policy analysis in the capstone course in a year. (2 points)
For those accused and convicted of this or any crime, certain Constitutional rights are afforded. Please discuss in detail ALL the Constitutional protections given to any criminal defendant, from at least 4 Constitutional amendments. This question uses materials from ch. 5 and 8 of the textbook and corresponding Mediasite lectures. Please use both the textbook (the constitution itself is in appendix A) and my slides and lectures. The textbook discussion omits one major constitutional amendment protecting criminal defendants, so please also see my slides and lecture. In other words, now please discuss the protections given criminal defendants under at least 4 amendments to the Constitution. (4 points) (11 points total for question 1).
2. On June 7, 2018, Bayer acquired Monsanto for $63 billion. The Monsanto company name has been dropped, although Monsanto’s trademarked brand names remain. (We will discuss both mergers & antitrust, as well as trademarks and intellectual property, later). One of Monsanto’s products which Bayer acquired is the weed killer Roundup. Glyphosate, the key ingredient in Roundup, has been alleged to cause cancer, although Monsanto and now Bayer deny this. There are approximately 600 cases involving 11,200 plaintiffs pending against Bayer over Roundup, both in states courts and federal multi-district litigation. The first case to go to trial Johnson v. Monsanto, resulted in a jury verdict on August 20, 2018 in favor of the plaintiff, and the jury awarded compensatory damages of $39.25 million, and punitive damages of $250 million. (Bayer stock has dropped 30% since this decision). On October 22, 2018, a California judge reduced the punitive damages. This was appealed, and on July 20, 2020, the California appeals court issued its decision. https://cases.justia.com/california/court-of-appeal/2020-a155940.pdf?ts=1595268400 (On September 1, 2020, Monsanto has petitioned the California Supreme Court to review the case.)
Please review this appeals court opinion, and answer the following questions. Please use the textbook and Mediasite lectures in addition. You may use additional sources, but please cite any additional sources.
Briefly discuss the facts and background of the case. (1 point)
From the case, what tort claims did Mr. Johnson make? Please define these in detail, and use the textbook and Mediasite lectures to supplement the case. (2 points)
Did the judge reduce either of the types of compensatory damages? Define the two types of compensatory damages, and carefully discuss and explain if the appeals court reduced any of these damages, and if so, how. (3 points)
In the section of the case on punitive damages, what did the California judge do to the punitive damages award, and why? From that section of the case, the judge cites the Supreme Court precedent, State Farm v. Campbell. What are the 3 factors set out in that case which judges should consider when assessing punitive damages? (4 points)
In your own analysis, please discuss the RoundUp cases. Other sources may be used, but please cite them. Please spend some time on the analysis questions, in preparation for your thesis in a year. (2 points)
From your own analysis from what you have read and learned, should any types of tort damages be capped or limited, and why or why not? If so, which ones, specifically, and how? If not, how should courts deal with extraordinarily tort damages? Please spend some time on your analysis. (2 points) (14 points in total for question 2)
Just FYI, you don’t need to discuss or analyze this last paragraph, but a federal district judge in California has given Monsanto until Nov. 2, 2020 to finalize a $10.9 billion settlement in numerous cases, or the cases will go to trial. In addition to the Roundup cases pending, Bayer also faces tort litigation from 24,300 plaintiffs for the blood thinner Xarelto. Bayer faces 17,000 plaintiffs over its discontinued birth control implant Essure, and 2,700 plaintiffs over its long-term birth control device Mirena. In October, 2019, Bayer agreed to pay the State of Kentucky $17 million for deceptive marketing of Yaz and Yasmin birth control.
BUL 6810
RX
S
Takehome
Midterm
, HC MBA
Fall
semester 20
20
Essay:
Please
thoroughly
answer
all questions asked
, using complete sentences
and paragraphs,
and
defining legal terms.
This exam is to be entirely your own work. This is not a group projec
t
, and this
should not be discussed with any other person until after the midterm deadline
.
The FIU
H
onor
C
ode is
in effect. This exam is worth
25
points, and is due by Friday
Nov.
6
before
11:5
8
p.m. through
the
Assignment Dropbox
in
in Canvas
. E
arly submissions are gladly accepted.
Concise yet precise business
writing is very important.
In the analysis
part of e
ach
question
, I want to know your thoughts, ideas,
and proposals for improvement, and please spend some time on this
part of the
quest
i
on
, because you
will be writing a health policy analysis in the capstone course in a year, so this is preparing you for that
.
Both content and writing will be assessed.
1.
Purdue Pharma
was founded in 1892 by medical doctors, and in 1952 was sold to
other
medical doctors, the Sacklers.
Purdue Pharma (Purdue)
is a closely held for
-
profit corporation
headquartered in Stamford, CT.
Purdue made pain relieving medication and in
the mid 1990s
released OxyContin
, which has a high potential for addiction
.
Between 1995 an
d 2001,
Purdue
made $2.8 billion on OxyContin. And the lawsuits began. Numerous states sued Purdue,
including Florida in 2018. By 2019, 36 states had sued Purdue. Purdue filed chapter 11
bankruptcy in 2019.
The f
ocus of this question is the October
21, 2020 c
riminal case settlement between the
Justice
Depart
m
e
n
t
,
Purdue, and the Sackler family owners of Purdue.
Please read the settlement with Purdue. Con
ci
s
ely discuss, including a summary of the facts and
the contents of the settlement.
https://www.justice.gov/opa/press
-
release/file/1329571/download
(2 points)
Please
read the settlement with the Sacklers and concisely discuss.
https:
//www.justice.gov/opa/press
-
release/file/1329736/download
(1 point)
Plea
se read the
plea agreement
, and concisely discuss
in your own words
, including the specific
criminal
charges
.
https://www.justice.gov/opa/press
-
release/file/1329576/download
(
2
points).
Now, p
lease
fully
discuss
your analysis of this c
riminal plea and settlement.
Additional sources
may be used. Spend some time on your analysis, as this is preparing you for your health policy
analysis in the capstone course in a year.
(
2
points)
For thos
e accused and convicted of this or any crime, certain Constitutional rights are afforded.
Please discuss in detail ALL the Constitutional protections given to any criminal defendant, from
at least 4 Constitutional amendments. This question uses materials
from ch. 5 and 8 of the
textbook and corresponding Mediasite lectures. Please use both the textbook (the constitution
BUL 6810 RXS Takehome Midterm, HC MBA
Fall semester 2020
Essay: Please thoroughly answer all questions asked, using complete sentences and paragraphs, and
defining legal terms. This exam is to be entirely your own work. This is not a group project, and this
should not be discussed with any other person until after the midterm deadline. The FIU Honor Code is
in effect. This exam is worth 25 points, and is due by Friday Nov. 6 before 11:58 p.m. through the
Assignment Dropbox in in Canvas. Early submissions are gladly accepted. Concise yet precise business
writing is very important. In the analysis part of each question, I want to know your thoughts, ideas,
and proposals for improvement, and please spend some time on this part of the question, because you
will be writing a health policy analysis in the capstone course in a year, so this is preparing you for that.
Both content and writing will be assessed.
1. Purdue Pharma was founded in 1892 by medical doctors, and in 1952 was sold to other
medical doctors, the Sacklers. Purdue Pharma (Purdue) is a closely held for-profit corporation
headquartered in Stamford, CT. Purdue made pain relieving medication and in the mid 1990s
released OxyContin, which has a high potential for addiction. Between 1995 and 2001, Purdue
made $2.8 billion on OxyContin. And the lawsuits began. Numerous states sued Purdue,
including Florida in 2018. By 2019, 36 states had sued Purdue. Purdue filed chapter 11
bankruptcy in 2019.
The focus of this question is the October 21, 2020 criminal case settlement between the Justice
Department, Purdue, and the Sackler family owners of Purdue.
Please read the settlement with Purdue. Concisely discuss, including a summary of the facts and
the contents of the settlement. https://www.justice.gov/opa/press-
release/file/1329571/download (2 points)
Please read the settlement with the Sacklers and concisely discuss.
https://www.justice.gov/opa/press-release/file/1329736/download (1 point)
Please read the plea agreement, and concisely discuss in your own words, including the specific
criminal charges. https://www.justice.gov/opa/press-release/file/1329576/download
(2 points).
Now, please fully discuss your analysis of this criminal plea and settlement. Additional sources
may be used. Spend some time on your analysis, as this is preparing you for your health policy
analysis in the capstone course in a year. (2 points)
For those accused and convicted of this or any crime, certain Constitutional rights are afforded.
Please discuss in detail ALL the Constitutional protections given to any criminal defendant, from
at least 4 Constitutional amendments. This question uses materials from ch. 5 and 8 of the
textbook and corresponding Mediasite lectures. Please use both the textbook (the constitution
