Tort Law -- Vicarious Liability Essay

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The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, that can be seen as "another kind of power."

Who was impacted by Courtney's actions? Some of the patients included Mary Ann Rhodes, Delia Chelston, among 4,200 others. His actions also impacted about 400 doctors, who had sent patient to Courtney with prescriptions for cancer-fighting medications. All the patients that were buying cancer-fighting drugs from him were greatly impacted by his actions, along with the families of the patients he fooled. The families were surely hoping that these expensive drugs would cure or at least help in some meaningful way the family members with cancer. The profession of pharmacy was also impacted; when a pharmacist is found guilty of an enormously lucrative scam against patients, the publicity casts a shadow on the profession. The church he attended was also impacted, in several ways (financially and by the negative association with Courtney when the publicity hit the newspapers and TV news programs).

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Were there any lawsuits filed as a result of his actions? There were an estimated 300 to 200 (tort) suits filed against Courtney, and in one particular instance a jury awarded Georgia Hayes a judgment of about $2.2 billion.

Discuss the Doctrine of Respondeat Superior. Does it apply here? Why or why not? The Doctrine of Respondeat Superior holds that for example of the driver of a UPS truck is found guilty of hit-and-run, that driver and UPS are both responsible for the crime. In the case of Courtney, Respondeat Superior would not seem to apply. He was his own boss, he was the sole proprietor of his company, Research Medical Tower Pharmacy. Certainly the drug companies that manufactured the medicines he diluted can't be accountable under Respondeat Superior.

Conclusion

Tort law in the case of Robert Courtney helped his customers to be compensated for the deception they were harmed by. Federal law took care of his incarceration, but for those whose cancer did not go into remission (due to Courtney's fraudulent behaviors) and in fact died, no amount of money will be able to bring them back.

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