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?
Criminal – (you are not asking for money. You don’t want to be compensated. They want you to be in jail on behalf of the victims that are the injured parties in the lawsuit). The department of justice on behalf of the plaintiff needs to prove beyond a reasonable doubt (no mistake and no doubt). With a criminal trial, you need even more proof because someone is going to jail probably for the rest of their life.
Death of the patient
Strict liability and product liability.
Is it fair or just to double sue? If we sue for civil and then criminal? Yes, it can happen.
When a company like this gets into problem they start looking for who is liable, who is responsible, etc
Defendants – the injured people
Because they bought bight batches and they wanted to use the economies of scale
This is actually wrong because they can’t buy compounded medications in bulk
They breached the protocol and the procedures
MSM- The marketing company because they were promoting this company
Because they were buying in bulk
The lab that tested the steroids
They approved the medication many years before.
Whoever have the majority of the ownership
What kind of liability does the lab have?
You can play devil advocates
Lab vs FDA
Lab is a private entity and the FDA is a government agency
Even the landlord was sued (where the medication was produced)
Lots of potential plaintiff
Can the plaintiff sue in every state where they live? Yes
Can the company
Making it a federal cause of action
Civil vs Criminal
Diversity of citizenship – defendant in MA
Arbitration – cheaper, faster, not public,