...Quaid vs. Baxter Healthcare Corporation Brief Fact Summary Plaintiffs, Dennis and Kimberly Quaid parents and next friends of Zoe Grace and Thomas Boone Quaid, brought an action in the circuit court of Cook County against defendant, Baxter Healthcare Corporation alleging negligence and strict liability for administering an almost fatal dose of Heparin instead of the prescribed dose of Hep-Lock to the infant twins Zoe and Thomas Quaid after hospitalization for a staph infection. Plaintiffs appealed. Synopsis Rule of Law Strict Liability was pursued due to the fact of similar packaging of medication which was mistakenly administered to the Plaintiffs. Strict Liability, also known as absolute liability is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. In this case, defectively labeled products were dispensed incorrectly and could have caused fa Negligence was also charged because it was an oversight not only by the person who had administered the medication, but also the Corporation that distributed the vials to this facility, because the medications were extremely similar in shape and labeling but were two very...
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...included in the subsequent written contract, the parol evidence rule makes it even harder for Brad to pursue his right under contract. A misrepresentation is a false statement of fact, which allows Brad the right to rescind the contract[5]. Damages are also available if the university did not believe the truthfulness of the presentation[6]. However, the university’s liability regarding misrepresentation was excluded by the exclusion clause, which was signed by Brad prior to the contract[7]. As a result, Brad would not be able to seek remedies even if the advertisement was a misrepresentation. The Advertisement - Misleading Conduct Section 18 of the Competition and Consumer Act 2010 (Cth)[8] (‘The Act’) states that a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is...
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...Essay Australian Competition Consumer Commission (ACCC) has taken Federal Court action against Apple for misleading claims about the connectivity speed of the latest iPad. Apple had advertised on there website as an iPad with WIFI+ 4G capabilities, the tablet is unable to use the 1800MHz frequency which is Australia’s existing 4G network. The ACCC is a part of government that aims to encourage competition in a stable environment and to look after the consumer so the consumers do not believe that they are being taken advantaged of by the misleading claims. This misleading claims or a consumer being feeling cheated allows the Australian Competition Consumer Competition to intervene in behalf for the consumer. ACCC had to intervene in behalf of the consumer when apple had made misleading statements about their latest product the iPad. Australian Competition and Consumer Commission believed that apple had made misleading statements about their connectivity speed of the iPad. The basis for this intervention is to maintain or enforce competition within Australia and by the misleading claims the company apple was misleading the consumer by the reference to 4G capabilities. To maintain or even enforce competition ACCC has to intervene to allow the consumer the choice of choosing the product and to have the information about the product before making a decision on the product to purchase. ACCC intervenes to monitor or foster competition so no single market participant has enough...
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...1) Product: Shoes The raw material is plastic, then transformed into stylish shoes and sandals, that can be used day or night, for work or party time, each shoe has its own style and message to pass on. 2) Target Market: Age: 15 – 35 Gender: Female Income: 20.000 per year and above Marital Status: Any Sexual Orientation: Any Occupation: Student, worker, stay at home mum Social Activities: Shopping, hang out with friends, drinking, dinning out, internet, movies and partying. 3) Benefits: • All shoes and sandals are made of plastic, therefore they are easy to be cleaned, and can be used in any weather. • With different styles, you can have one for each occasion, or you can use the same one to work and party, depending on your own style. 4) Brand Name: Melissa Logo: [pic] Slogan: Style at your feet Image: Fashionable Women [pic] 5) Packaging A carton box that will come in different colours and designs that can be used for storage, each shoe will come in a stylish plastic bag inside the box. [pic] 6) Promotional Deals: ...
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...Client Alert Global Mining and Metals Industry Group April 2013 Glencore’s Long March to Take Over Xstrata First published in Mining Journal, April 2013 At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to part with one of the prized assets in Xstrata’s portfolio, the Las Bambas copper project in Peru. If no suitable buyer for Las Bambas is found by September 2014, Glencore will have to auction off one of its other copper assets of MOFCOM’s choosing. To clinch MOFCOM’s blessing of the deal Glencore also committed to continue offering longterm supply arrangements to sell copper concentrate to Chinese customers, as well as somewhat less stringent supply commitments on zinc and lead concentrates. It has been a long road for Glencore and Xstrata who announced their plan to combine in February last year. They have had to navigate the merger review processes in several major jurisdictions, which can frustrate the most patient of company executives. Glencore’s acquisition of Xstrata will unite one of the world’s largest producers and traders of commodities and one of the largest mining companies globally – but at what price? It was no surprise that competition authorities in those countries and regions most affected would closely scrutinize the deal. The transaction had to be approved by merger control authorities...
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...Baxter Healthcare Corporation develops, manufactures, and markets healthcare equipment and instruments. It focuses on critical therapies for life-threatening conditions, specifically with products and services in blood therapies, cardiovascular medicine, medication delivery, and renal therapy. The company offers its products in the United States and internationally. The company was formerly known as Travenol Laboratories, Inc. and changed its name to Baxter Healthcare Corporation in July 1987. The company was incorporated in 1966 and is based in Deerfield, Illinois. Baxter Healthcare Corporation operates as a subsidiary of Baxter International Inc. Baxter Healthcare Corporation In any organization profit and customer care go hand in hand to make a success of the endeavor. ... Baxter Healthcare Corporation is an example of a customer-focused manufacturing organization committed to meeting patient needs. As a global healthcare company operating in more than 100 countries, Baxter is committed to effective corporate governance, adherence to the law, and a culture of ethics and compliance throughout the organization. In 1995, Baxter became one of the first companies to adopt formal corporate governance guidelines. Enhancing the company’s practices and setting new standards is ongoing, and the company’s current corporate governance guidelines reflect this evolution. Baxter’s Ethics and Compliance team works closely with operating and legal teams based regionally in Baxter’s businesses...
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...Products and Liability Research Paper Steve Jackson Strayer University Legal 500 Professor Wendy White June 10, 2014 Question # 1: Describe the company and the product safety issue that led to the lawsuit. Baxter Pharmaceuticals is a healthcare company located in Deerfield, Illinois which was founded in 1931 by Dr. Donald Baxter. Baxter Pharmaceuticals was the first manufacturer of commercially prepared intravenous solutions. The company primarily “focuses, develops, manufacture, and markets different healthcare products that are used to save and sustain the lives of people with immune disorders, hemophilia, infectious disease, and other chronic and acute medical conditions.” ("Corporate overview," 2013) Baxter has been known as a very global diversified healthcare company that has a great reputation for its safety and effectiveness since 1931. “The company also has expertise in medical devices, pharmaceuticals and biotechnology to create products that advance patient care worldwide.” ("Corporate overview," 2013) On June 2009, there was a lawsuit placed again Baxter Pharmaceuticals (which is also known as Baxter Health Corporation) by Dennis Quaid and Kimberly Quaid. The Quaid’s filed suit against Baxter for liability and negligence for the “medical drug error” which nearly killed their twins. The Quaid twins (11 days old) were in admitted into Cedar-Sinai Medical Center to be treated for a staph infection. The doctor prescribe that the twins be given...
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...1999 BAXTER HEALTHCARE CORPORATION Work & Life Strategic Initiative What is the initiative? Baxter’s Work & Life Strategic Initiative formally began with an 18-month extensive employee-needs assessment that provided a far better understanding of how the company could benefit by championing greater work-life balance for all its employees—for women as well as men. Baxter has succeeded at integrating its business case for worklife balance into a new corporate culture that is supported from the top down, demonstrated by strong CEO commitment and role modeling. A major result of this strategic assessment has been that Baxter redefined and expanded the work-life experience to encompass more categories of conflicts experienced by employees. Baxter, in conjunction with MK Consultants, developed the four-level The Work and Life Pyramid of Needs, which rests on a base of Respect (the company’s attitude toward the employee’s needs) and rises through Balance (the employee’s goal) to Flexibility (what the company wants to help the employee attain) to Programs (the supports that the company provides). The study refocused Baxter’s strategy, giving increased importance to and emphasis on respect for the “whole” person, including his or her responsibilities and interests outside of work. The initiative has since added work-life to Baxter’s shared values, employee satisfaction tools, performance standards, and other existing HR initiatives. In addition, the study’s findings...
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...Company Background and Market Position Covidien is a $10 billion global healthcare products company dedicated to innovation and long-term growth. They manufacture and sell medical devices and supplies, diagnostic imaging equipment and pharmaceuticals. Tyco Healthcare separated from Tyco International In June 2007 to form Covidien. Tyco healthcare was to operate the business by acquiring venerable brands such as Kendall, Mallinckrodt and Auto suture. Since separating, they have focused on developing innovative medical solutions for better patient outcomes and on creating value through clinical leadership and excellence. As part of our pursuit of excellence, we are committed to fostering innovation. In addition to acquiring companies with superior products, they have created innovative new products through their own increasingly substantial investments in research and development (R&D). Covidien has launched 60 new products in 2008 and 2009, compared with fewer than 20 in 2005 and 2006, this were the last two years of Tyco healthcare before it become Covidien. Competition – Covidien is engaged in the development, manufacture, and sale of healthcare products, including pharmaceuticals and medical supplies, for use in clinical and home settings. One of Covidien’s main competitors in the healthcare equipment and supplies industry is Baxter International (BAX). Other competitors in the healthcare sector include: C.R. Bard (BCR), and Becton, Dickinson (BDX) Direct...
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...MBA Essentials Information Technology for Strategic, Competitive Advantage Virginia Franke Kleist, Ph.D. Assistant Professor Division of MIS/Management Welcome to the Technology Part of the Program • How are you using information technology (IT) today in your firms and businesses? • How successful has this been for your firm? • Do you have problems that are still unresolved with Information Technology? • Can IT give competitive advantage, anyway? • How can one identify which technologies will best give strategic advantage? MBA Essentials Session X Information Resources Management 2 Contact Information • • • • • • Virginia Franke Kleist, Ph.D. Virginia.kleist@mail.wvu.edu www.be.wvu.edu/divmim/mgmt/kleist 304-293-7939 I welcome your comments and contacts! Several drawings are adapted from Laudon and Laudon, (2005), Management Information Systems: Managing the Digital Firm, New Jersey: Prentice Hall (8th ed.). • Some material adapted from Burgelman, Christensen and Wheelwright, (2004), Strategic Management of Technology and Innovation, Boston: McGraw-Hill Irwin (4th ed.). MBA Essentials Session X Information Resources Management 3 MBA Essentials Session X Information Resources Management 4 MBA Essentials Session X Information Resources Management 5 What will we learn? • Strategic advantage from information technology • Latest information technologies • How do you successfully select, implement...
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...Fluid Management in Peritoneal Dialysis Ali K. Abu-Alfa, MD, FASN Associate Professor of Medicine Director, Peritoneal Dialysis Program Associate Director for outpatient Dialysis Director of Clinical Trials Yale School of Medicine New Haven, Connecticut http://kidney.yale.edu Educational Objectives Review physiology of ultrafiltration and impact of membrane transport characteristics. Discuss fluid balance in PD with focus on clinical needs, goals and effect on outcomes. Identify areas of interventions for optimization of fluid removal. Identify patients at risk for fluid retention. Review role of alternative osmotic agents: Icodextrin. Review ISPD guidelines and clinical algorithms for fluid management in PD. Physiology of Ultrafiltration Trans-capillary fluid movement: Osmotic gradient (first and foremost). Hydrostatic pressure (much less so). Membrane function / surface area. Lymphatic re-absorption. Physiology of Ultrafiltration: Structure of the Peritoneal Membrane Physiology of Ultrafiltration: Water, Glucose and Sodium Movements Na H2O Capillary Peritoneal Space Glucose Aquaporin mediated: 50% Intercellular: 50% Glucose transporter mediated: minimal Intercellular: >90% Physiology of Ultrafiltration: Sodium Sieving with 3.86% Dextrose Dialysate LaMilia et al, Nephrol Dial Transplant (2004) 19: 1849-1855 Physiology of Ultrafiltration: Effect of Sodium Sieving on Na Removal 250 200 150 100 50 0 Na removal CAPD APD Icodextrin ...
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...History and Analysis 4 Major Competitors 4 NAICS Numbers 5 Relative Industry Sales, Returns and Maturity 5 Stock Performance 6 Financial Analysis 7 Ratio Analysis 9 Pro forma 11 Assumption 12 Growth Rate of Sales 12 Asset Acquisition 13 Financing Needs 13 Conclusion 14 Appendices 15 Income Statement 15 Balance Sheet 16 Sources and uses 17 Percentage of Sources and Uses 19 Firm Ratios 21 Industry Ratios 22 Graphs of Ratios 23 Bibliography 26 Introduction This paper contains the financial analysis of Stryker corporation and its major competitors during the past 5 years. Also a 3 year forecast is created to show were the company is heading and changes needed to be made to be more efficient. Theme Time are hard for the medical industry with the global economic crisis and with the announcement of the Affordable Care Act’s medical device excise tax. Stryker corporation has done better than the industry on average sustaining a strong financial while presenting new products in the market. Growth is becoming slow for mature firms but Stryker is making all the right moves to dominate the market. To increase growth the company has shifted its focus on acquisitions. With the acquisition of Trauson, a Chinese leading manufacturer of surgical products, the company continues to focus on sales outside the United States. Also with the growing demand increase for orthopedic products, the company needs to continue investment...
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...Q3 2010 www.businessmonitor.com siNGapore pharmaceuticals & healthcare report INCLUDES 10-YEAR FORECASTS TO 2019 issN 1748-216X published by Business monitor international ltd. SINGAPORE PHARMACEUTICALS & HEALTHCARE REPORT Q3 2010 INCLUDING 5-YEAR AND 10-YEAR INDUSTRY FORECASTS BY BMI Part of BMI’s Industry Report & Forecasts Series Published by: Business Monitor International Copy deadline: June 2010 Business Monitor International Mermaid House, 2 Puddle Dock, London, EC4V 3DS, UK Tel: +44 (0) 20 7248 0468 Fax: +44 (0) 20 7248 0467 Email: subs@businessmonitor.com Web: http://www.businessmonitor.com © 2010 Business Monitor International. All rights reserved. All information contained in this publication is copyrighted in the name of Business Monitor International, and as such no part of this publication may be reproduced, repackaged, redistributed, resold in whole or in any part, or used in any form or by any means graphic, electronic or mechanical, including photocopying, recording, taping, or by information storage or retrieval, or by any other means, without the express written consent of the publisher. DISCLAIMER All information contained in this publication has been researched and compiled from sources believed to be accurate and reliable at the time of publishing. However, in view of the natural scope for human and/or mechanical error, either at source or during production, Business Monitor International accepts no...
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...Flexibility is a critical component used largely for workplace effectiveness. Organizations are using it as a tool to improve recruitment and retention, management of workload, and employee diversity. Providing flexibility also shows improvement in employee engagement, job satisfaction, and stress reduction. Employers, who not only encourage but also empower their employees to use flexible work schedules as well as simultaneously affording the opportunity to advance in the company, employees, and employers gain a predisposition to profit. Human Resources are using flexibility as an organizational strategic asset. This provides a considerable competitive advantage to companies who are aware they need to adopt rapidly to market changes. A flexible organization uses a specific or a combination of available scheduling strategies. “In May 1997, more than 27 percent of all full-time wage and salary workers in the United States – about 25 million – had flexible work schedules that allowed them to vary the time they began or ended work. The proportion of workers with such schedules was up sharply from the 15 percent recorded when the data were last collected in May 1991 and from the 12.5 percent tallied in 1985. The increase in flexible work schedules was widespread across demographic groups, occupations, and industries, reports the Bureau of Labor Statistics (BLS) of the U.S. Department of Labor (1998, June 1)”. Flexible work arrangements originally...
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...Cost, Schedule, and Change Management UP-201 September 2004 CURT Owner Member Companies Abbott Laboratories Air Products & Chemicals, Inc. Ameren American Electric Power Baxter Healthcare Corporation Boeing Company Caterpillar Inc. Citigroup ConocoPhillips DTE Energy The Dow Chemical Company E.I. Dupont De Nemours & Company Eastman Kodak Company Ernst & Young ExxonMobil Chemical Company FMC Corporation FirstEnergy Corporation General Electric Company General Mills, Inc. General Motors Corporation HCA Healthcare Corporation Hercules, Inc. Honda of America Mfg., Inc. IBM Intel Corporation Johnson & Johnson Kansas City Power & Light Company The McGraw-Hill Companies MeadWestvaco Corporation Merck & Company, Inc. Owens Corning PSEG Power, LLC Pfizer, Inc. The Procter & Gamble Company Rohm and Haas Shell Global Solutions (U.S.), Inc. Southern Companies Sunoco, Inc. TECO Tampa Electric Company Toyota Motor Mfg. North America Tyco International U.S. Army Corps Of Engineers U.S. General Services Administration The University Of Cincinnati Associate Member Companies Alberici Group, Inc. BE&K Bechtel Egizii Electric, Inc. Fluor Corporation Hunt Construction Group Jacobs Engineering Group Rudolph/Libbe Companies The Shaw Group, Inc. Tetra Tech FW Inc. Turner Construction Company Zachry Construction Corporation Association Associate Members Associated Builders and Contractors (ABC) Associated General Contractors of America (AGC) Mechanical Contractors Association of America (MCAA) National...
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