Swine Flu Immunization Program: Supplemental Hearings Before the Subcommittee on Health and the Environment of the Committee on Interstate and Foreign Commerce, House of Representatives, Ninety-fourth Congress, Second Session ... |
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Common terms and phrases
administration adverse alleged American antibody arbitration bivalent breach CARTER caused Chairman claims committee compensation concern consumer contract COOPER costs court coverage Davis decision defective defendant disease drug company drug manufacturer duty to warn effect epidemic failure Federal Fort Dix going Government hospital implied warranty indemnification influenza vaccine informed consent injury inoculation insurance companies involved legislation liability in tort litigation MAGUIRE manufacturer's mass immunization program medical malpractice ment Merck million doses monovalent negligence Parke-Davis Parke-Davis & Co participation patient percent person physician plaintiff polio vaccine poliomyelitis population privity problem Products Liability proposed protection public health question reactions reason responsibility result Reyes risk ROGERS Rptr Sabin SENCER statement Sterling Drug strict liability supra note swine flu vaccine swine influenza tion tort Uniform Commercial Code unreasonably dangerous vaccination program virus WAXMAN Wyeth Laboratories
Popular passages
Page 392 - A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
Page 390 - Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. (2) "Financing agency...
Page 336 - No action shall lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company.
Page 389 - Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
Page 338 - Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy...
Page 159 - There are some products which, in the present state of human knowledge, are quite incapable of being made safe for their intended and ordinary use. These are especially common in the field of drugs. An outstanding example is the vaccine for the Pasteur treatment of rabies, which not uncommonly leads to very serious and damaging consequences when it is injected. Since the disease itself invariably leads to a dreadful death, both the marketing and the...
Page 389 - guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.
Page 366 - A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.
Page 28 - ... based upon the exercise or performance or the failure to exercise or perform a discretionary functi'on or duty on the part of a federal agency or an employee of the Goverr., ment, whether or not the discretion involved be abused.
Page 389 - One who supplies directly or through a third person a chattel for another to use, is subject to liability to those whom the supplier should expect to use the chattel with the consent of the other or to be in the vicinity of its probable use...