Next Generation Bar Exam Quiz
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In 2009, Dr. Chen prescribed Vera a medication manufactured by Medix Corp. The medication was later found to contain a toxic contaminant because of Medix's negligent quality-control failures. Vera took the medication for six months in 2009 and experienced no physical illness. In 2012, Vera conceived a daughter, Aria, who was born in 2013 with severe limb defects. Aria's experts can prove that the contaminant caused her defects. Aria, through her guardian, sued Medix for negligence. In Alvarez v. Meridian Labs, the state supreme court held: "A defendant owes a duty of care only to a plaintiff who was within the class of persons to whom a risk of harm was foreseeable at the time of the defendant's negligent act. A child who was not conceived until after the defendant's negligent act cannot be within that class, because no risk to that particular child existed when the act occurred. The child's later birth does not create a duty."
Under Alvarez, which of the following is Medix's best argument that it owes no duty to Aria?
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