Gabriella, a doctor, is a member of the first-responders team her city established in case of a bioterrorist attack. As part of her preparation for such an event, Gabriella and her colleagues are each required to be vaccinated for smallpox, a highly infectious and deadly disease that kills 30 percent of those who contract it. The government believes that the smallpox virus could be used in a terrorist attack. Even though Gabriella does not want to receive the vaccination because she knows there is a minor risk (1 in 1,000,000) that she could contract smallpox, she is forced to do so in order to keep her job.
(a) If Gabriella becomes sick after having the vaccination, should the drug company that manufactures the vaccine be held strictly liable for Gabriella’s injury?
(b) Is the risk of getting sick from the vaccine unreasonable? Do the benefits outweigh the dangers?
(c) What arguments can the drug company make to defend itself? Identify the public policy issues that the company might use in its defense.
(d) Should Gabriella be able to sue the government for forcing her to take a drug she doesn’t want to take? Why or why not?
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