Double Double Toil and Trouble Case Questions: What should regulatory agencies

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Double Double Toil and Trouble Case Questions:
What should regulatory agencies do in reaction to the NECC/Ameridose problem? What kind of plan and actions should be taken to protect the public health? Which branches of government and agencies could and should get involved?
Who can sue in this situation? Other than the patients injured by the tainted injections, who could be a plaintiff?
What are the potential civil causes of action? Please analyze each and determine whether the elements exist to support such causes of action. Hint: Consider contractual claims, tort actions and product liability.
Does it appear that any of the behavior in this story may have been criminal? Is any of the conduct so bad that someone should go to jail?
When there is criminal activity involving a corporate entity, who should be punished? Could a person be criminally responsible for regulatory violations? Is this fair?
When the crisis first broke out, how should NECC and its management first react?
When a company, especially a small one like NECC, gets into trouble, plaintiff’s attorneys start looking for other defendants. Who is vulnerable to a civil lawsuit?
Who and what helps keep corporate misbehavior in check when the law fails? Why did it take so long for NECC and Ameridose to get caught?
What is whistleblowing and what its advantages and disadvantages (a) generally and (b) specifically in the case of NECC?
Should bankruptcy be considered? What entities or individuals should consider bankruptcy as an option? What happens to an injured plaintiff’s claims when a defendant files bankruptcy? Is filing for bankruptcy an effective way to avoid lawsuits, claims or liability?

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