Receive treatment for hernia complications

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Reference no: EM131181160

Peter Griffin was admitted to General Hospital to receive treatment for hernia complications. The hospital ER staff determined that a surgical implant of a "Gen Mesh" was required and immediately performed the surgery with Griffin's consent. The cost of the surgery was $10,000. Subsequently, the manufacturer of the mesh, Quagmire Industries, issued a recall of the mesh because it was causing medical complications. Griffin suffered serious complications and had the mesh removed. Griffin sued the General Hospital ER staff for breach of the Implied Warranty of Merchantability under Article 2 of the UCC. a. General Hospital will win because they provided a service, not a good, and the UCC's warranty of merchantability does not apply. b. General Hospital will win because they are not a merchant. c. Griffin will win because General Hospital did in fact sell him a good that was not fit for its ordinary purpose. d. Griffin will win because General Hospital is a Merchant.

Reference no: EM131181160

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