Pregnant Patricia visited Doctor Smith, her family doctor, t…
Pregnant Patricia visited Doctor Smith, her family doctor, to seek relief from arthritis in her hips. Doctor Smith prescribed Drug Y, a steroid-type drug. Patricia took Drug Y as prescribed and obtained relief from her pain. The pharmaceutical company which manufactured Drug Y enclosed information concerning Drug Y in the packages it shipped to drugstores and with samples provided to physicians. This literature warned that Drug Y should not be prescribed for pregnant women because it caused enlargement of the ears of male children. The enlargement occurred when the children reached puberty. Studies confirming this result were published in various medical journals. Patricia gave birth to Andrew, a son, soon thereafter. Although Andrew had a normal early childhood, his ears grew disproportionately large when he reached age 16, and he has suffered severe emotional distress because of his appearance. Now 17, Andrew has brought suit against Doctor Smith for malpractice. In that lawsuit, which party is likely to prevail?