In “Science, Law, and the search for Truth in the Courtroom: Lessons from Daubert v. Merrell Dow”, Bertin and Henifin (1994) argue that science and law have different ways of pursuing ‘truth’ and they question who should be taking burden of this uncertain state. Mukherjee et al. (2001) and many other researchers question the risk of Vioxx, which was mainly for osteoarthritis relief, ever since it was introduced in the U.S. pharmaceutical market in 1999 (Wadman Meredith, p.899). Merck & Co. conducted an experiment on safety test of Vioxx, known as the VIGOR, before introducing it to the market and the company did hide the fact that there was a chance of harmful side effects associated with the drug (Mayer Theodore, p.1068). However due to actual risk of Vioxx, Merck & Co. voluntarily withdrew the drug from the market in 2004 (Wolsing Jennifer, p.214).
Abstract In this paper I will discuss anti-trust law as it relates to pharmaceuticals. The company in question is being investigated on the grounds that they are intentionally delaying the release of generic versions of its best selling anti-depressant. I will discuss why the company would want to delay this release, the legal barriers for other companies to enter this market, and the ethical dilemmas apparent in this situation. I will be specifically discussing the anti-trust lawsuit which involved Bayer and its drug Cipro and another similar suit involving Hoescht Marion Roussel, Inc and its drug Cardizem CD. Antitrust Law and the Ethical Ramifications of Generic versus Brand Name Drugs Antitrust laws are on the books in the U.S. to prevent companies from cornering the market on a specific product, ensuring fair competition and lower prices for consumers.
An assignment discussing the ethical and legal dilemmas regarding Patient Confidentiality. The assignment will discuss patient confidentiality and the different approaches to decision making with regard to ethical and legal dilemmas. The court case of X v Y [1988] will be discussed, this case involved a health care worker selling information regarding two doctors who contracted AIDS to a national newspaper. The two doctors who were carrying on in general practice obtained an order restraining the newspaper from publishing any confidential information contained in their hospital records. However the newspaper published an article ‘Scandal of Docs with AIDS’ implying that the Department of Health and Social Security were trying to hide the fact that these doctors were continuing practice.
ImClone focused much on advance oncology care and had designed a new drug called Erbitux for which would have a treatment for patients with colon cancer. However, the licensing application had been rejected and would have resulted in ImClone’s share price plummeting. Merrill, Lynch's senior broker, Peter Bacanovic had informed Martha about the drastic market change impending of the ImClone’s share price through his assistant Douglas Faneuil. Mr Faneuil
Medequip, Inc. INTEROFFICE COMMUNICATION To: Ms. Anita Prufrock From: Bill Smith, Line Supervisor B.S. Subject: Recommendation on Random Drug Testing of Employees Date: September 23, 2012 The reason for this memo is to provide my recommendation regarding the institution of a random drug testing policy of Medequip, Inc. employees. Summary Based upon my research regarding the implementation and effectiveness of random drug testing policies in the workplace, I strongly feel that instituting random drug testing of employees would not only bring a negative impact to the financial and legal well-being of the company, but would also hinder the promotion of the culture of community and trust which we have cultivated over the past 5 years. After speaking with the shift supervisor, there have been no occurrences which suggest a drug abuse problem within the organization, and creating a policy such as this not only will affect the company greatly financially, but could also promote a breakdown of trust between management and employees. Discussion According to Marcus Roberts (2004), with the Joseph Rowntree Foundation, there are four fundamental reasons for drug testing in the workplace.
Zoloft birth defects lawsuits allege infants were harmed by their mothers' use of Zoloft while pregnant. The lawsuit alleges that Pfizer knew about the risks associated with taking Zoloft while pregnant, but hid those risks from patients. Pfizer is accused of negligence, fraud and failing to warn the public. The lawsuit also accuses the defend tat(s) of improper labeling, given their allegation that packaging and labeling lacks sufficient warnings pertaining to potential defects. Class Action Class Action lawsuits (Class Action Lawsuits ( Business Law - Chapter3)) are permitted by the courts if three criteria are met.
What details can individuals repress and not be compelled to divulge to others ? Accessibility is concerned with what data does an individual or a corporation have a right to attain, in what circumstances and with what precautions ? Samples of recent cases that detail these ethical breaches are detailed below. “On April 30, 2009, the Virginia Department of Health Professions found that the secure website of its prescription monitoring program had been hijacked and the home page replaced with a ransom demand” (Smith, 2013, p. 78). This particular and jarring debacle had to do with accessibility to patient files and the privacy expected when it involves information contained in patient files.
This first ethical breach I read about was an ethical breach by a laboratory located in Boston that was defrauding the government out of millions of dollars. Forest Laboratories in Boston were illegally marketing versions of the antidepressant Citalopram. The drug makers at this laboratory were marketing Celexa and Lexpro for illegal uses in adolescents and children. Although doctors are able to prescribe drugs for uses not certified by the FDA it is illegal for companies to encourage drugs for those purposes. Forest Laboratories were charged with concerns that two studies were accomplished to help expedite the FDA’s approval of use of these antidepressants in treating young people.
Hospital ER visits – 78% involve drug therapy (238.3 million medications) C. uspharmacist.com - “An investigation by a Boston newspaper of 51 Massachusetts pharmacies in 1999 revealed that 4% of prescriptions dispensed by community pharmacists contained errors; 88% of these involved the wrong drug or strength.” 2 MAJOR POINTS A. Types of errors pharmacy can't clearly read prescription technician chooses wrong medication because of similar spelling wrong strength chosen for medication technician inputs wrong short codes for directions wrong medications put in bottle pharmacist does not catch the errors made by the technician B. Ways patient can reduce prescription errors Know who your doctor is Know what medications your dr has prescribed (strength & directions) Make sure dr and pharmacy is aware of all medication allergies and all other meds being taken Look at prescription before leaving pharmacy Don't hesitate to ask questions Give pharmacy phone number C. Ways pharmacies can reduce prescription errors verify all patient info is accurate & up to date ask patient what dr was seen if you can't read signature scan image of Rx into computer councelling notes for dosage/direction changes pop-up warning boxes for high risk medication (ex. Coumadin) split verification allow E-Scribing call doctor to verify always ask patient if they have any questions
Mike Hammer believe that “physicians didn’t understand, nor were they interested in, the role of costs in determining the viability of hospitals” (p. 546). Hammer tried different approaches to cutting costs, which were always rejected by the physicians. He even ran into conflict with the hospital’s board of trustees who would always side with the physicians. Dr. Williams felt that “Hammer was asking for a cultural change that was impossible” (p. 546) Hammer hired a chief operating officer (COO) that would help him implement cost cutting procedures. Discuss the conflict management styles that are evident in the case.