Legal Memoradum

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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.

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