In recent years, it has become an increasingly popular practice for drug companies to perform their clinical testing of new drugs in foreign countries that might not have the consumer protections of product liability laws present in the United States. Please answer each of the following questions using a theory studied in Module 2 specifically and thoroughly and using examples and facts from the readings and resources.
1. Are drug companies that test experimental drugs in foreign countries acting ethically?
No, drug companies that test experimental drugs in foreign countries are not acting ethically. These companies are taking advantage of the inferior educational and socio-economic situations that exist in these developing nations. In the article by Anil Netto, an advisor on health care issues for Penang, Malaysia is quoted as saying, “Relaxed or nonexistent regulatory mechanisms…play a significant part in the choice or drug trial destinations.” From a utilitarianism standpoint, the use of foreign countries as a testing ground for experimental drugs would be unethical. In act utilitarianism we should always ask ourselves what the consequences of a particular act in a particular situation will be for all those affected (Shaw & Barry, 2013, p.60). A successful drug trial would be a boon for a pharmaceutical company, but the use of a foreign, possibly desperate and uneducated population as test subjects can lead to dire consequences for current and future generations. This goes against the principles of act utilitarianism.
2. Is American industry at too much risk of lawsuits to remain competitive? Should companies trying to develop drugs be given immunity from lawsuits?
No, American industry is not at too much risk of lawsuits to remain competitive. Lawsuits act as a check and balance to protect the rights of American citizens from unscrupulous corporations. However, it is not easy for an ordinary citizen to compete