Next Generation Bar Exam Quiz
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A pharmaceutical company manufactured a prescription drug for treating epilepsy. The label warned that the drug could cause aplastic anemia, a severe blood disorder, and instructed physicians to perform weekly blood tests. The company provided this label to all physicians, but did not provide patient-directed warnings. A physician prescribed the drug to a patient after reading the label, but did not order the weekly blood tests because she thought the risk was too rare to justify the cost. The patient developed aplastic anemia and sued the company for failure to warn.
Which issue is most likely to determine whether the company is liable to the patient?
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