Proposed Mississippi Plain Language Model Jury Instructions - Civil 3602

General Instruction

[Name of plaintiff] claims that [he/she] was harmed by [a/an] ___________ [specify the

prescription drug or medical device] [manufactured/sold] by [name of defendant] which failed to

have adequate [warnings/instructions] and that [name of defendant] is legally responsible for

[name of plaintiff]’s damages. To establish this claim, [name of plaintiff] must prove all of the

following are more likely true than not true:

1. [Name of defendant] [manufactured/sold] the ____________ [specify the prescription drug or

medical device];

2. Taking into account the ordinary knowledge of a [physician/licensed professional], who

prescribes the ____________ [specify the prescription drug or medical device], when the

____________ [specify the prescription drug or medical device] left [name of defendant]’s

control, the ____________ [specify the prescription drug or medical device] failed to have

adequate [warnings/instructions], which a reasonable [person/manufacturer] under the same

circumstances would have given concerning the ___________ [specify the prescription drug or

medical device]’s danger(s), if any, and the ___________ [specify the prescription drug or

medical device]’s safe use(s);

3. When the ___________ [specify the prescription drug or medical device] left [name of

defendant]’s control, [name of defendant] knew or should have known about the danger(s), if

any, that caused [name of plaintiff]’s harm;

4. An ordinary user of the ___________ [specify the prescription drug or medical device] would

not have realized the __________ [specify the prescription drug or medical device]’s danger(s);

5. [Name of defendant]’s failure to give adequate [warnings/instructions] concerning the

__________ [specify the prescription drug or medical device]’s danger(s) made the

___________ [specify the prescription drug or medical device] unreasonably dangerous for

[name of plaintiff] to use;

6. [Name of plaintiff] was harmed by the ___________ [specify the prescription drug or medical

device]; and

7. [Name of defendant]’s failure to give adequate [warnings/instructions] concerning the

___________ [specify the prescription drug or medical device]’s danger(s) was a substantial

factor in causing [name of plaintiff]’s damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of defendant] [manufacture/sell] the __________ [specify the prescription drug or

medical device]?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Taking into account the ordinary knowledge of a [physician/licensed professional], who

prescribes the ___________ [specify the prescription drug or medical device], when the

____________ [specify the prescription drug or medical device] left [name of defendant]’s

control, did the __________ [specify the prescription drug or medical device] have adequate

[warnings/instructions], which a reasonable [person/manufacturer] under the same circumstances

would have given concerning the ___________ [specify the prescription drug or medical

device]’s danger(s), if any, and the __________ [specify the prescription drug or medical

device]’s safe use(s)?

YES _______ NO _______

If your answer to question 2 is NO, then answer question 3. If you answered YES, stop

here and tell the bailiff.

3. When the ___________ [specify the prescription drug or medical device] left [name of

defendant]’s control, did [name of defendant] know or should [name of defendant] have known

about the danger(s), if any, that caused [name of plaintiff]’s harm?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Would an ordinary user of the ___________ [specify the prescription drug or medical device]

have realized the ___________ [specify the prescription drug or medical device]’s danger(s)?

YES _______ NO _______

If your answer to question 4 is NO, then answer question 5. If you answered YES, stop

here and tell the bailiff.

5. Did [name of defendant]’s failure to give adequate [warnings/instructions] concerning the

_________ [specify the prescription drug or medical device]’s danger(s) make the _________

[specify the prescription drug or medical device] unreasonably dangerous for [name of plaintiff]

to use?

YES _______ NO _______

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop

here and tell the bailiff.

6. Was [name of plaintiff] harmed by the __________ [specify the prescription drug or medical

device]?

YES _______ NO _______

If your answer to question 6 is YES, then answer question 7. If you answered NO, stop

here and tell the bailiff.

7. Was [name of defendant]’s failure to give adequate [warnings/instructions] concerning the

__________ [specify the prescription drug or medical device]’s danger(s) a substantial factor in

causing [name of plaintiff]’s damages?

YES _______ NO _______

If your answers to questions 1, 3, and 5-7 are YES and your answer to questions 2 and 4

are NO, then answer question 8. If you answered NO to question 7, stop here and tell the bailiff.

8. What are [name of plaintiff]’s damages?

$__________ TOTAL

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.