Joseph Schlitz Was Given a Prescription by His Physician for Treatment

Multiple Choice

Joseph Schlitz was given a prescription by his physician for treatment of a skin condition.After taking the prescription for three days,Joseph developed a severe allergic reaction that caused paralysis in his legs.The pharmaceutical manufacturer was aware of several reactions by patients and had notified the FDA,but the FDA had not yet approved additional warnings that would be placed on the drug.What are Joseph's rights in this situation?​

A) ​Joseph can successfully recover from the manufacturer of the drug under his state's product liability laws.
B) ​Joseph is precluded from any recovery under state product liability laws because of preemption by the FDA's regulations.
C) Joseph's only avenue of suit is against the FDA.
D) none of the above