Assignment
4: Legal and Ethical Considerations in Marketing, Product Safety, and
Intellectual Property
Click Link Below To Buy:
Contact Us:
Hwcoursehelp@gmail.com
You are a new
associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher
at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of
AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after
PharmaCARE’s research indicated that AD23 might also slow the progression of
Alzheimer’s disease, John and his team of pharmacists began reformulating the
drug to maximize that effect. In order to avoid the Food and Drug
Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned
subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new
formulation to individuals on a prescription basis. CompCARE established itself
in a suburban office park near its parent’s headquarters. To conserve money and
time, CompCARE did a quick, low-cost renovation.
CompCARE benefited
from PharmaCARE’s reputation, databases, networks, and sales and marketing
expertise, and within six (6) months had the medical community buzzing about
AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans
Affairs patients. Seeing the opportunity to realize even more profit, CompCARE
began advertising AD23 directly to consumers and marketing the drug directly to
hospitals, clinics, and physician offices, even though compounding pharmacies
are not permitted to sell drugs in bulk for general use. To circumvent this technicality,
CompCARE encouraged doctors to fax lists of fictitious patient names to
CompCARE. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just
weeks before AD23 was publicly linked to over 200 cardiac deaths.
As CompCARE and its
new parent company enjoyed record profits and PharmaCARE’s stock price
approached $300 per share, reports started surfacing that people who received
AD23 seemed to be suffering heart attacks at an alarming rate. The company
ignored this data and continued filling large orders and paying huge bonuses to
all the executives and managers, including John, whose wife recently died from
a heart attack after using AD23.
John has come to
you with an internal company memo describing the potential problems with AD23,
and information describing the company’s willingness “roll the dice” and
continue to market the drug.
Your senior partner
has asked you to write a memo outlining the following issues for review by the
senior partners.
In preparation for
this assignment, use the Internet or Strayer Library to research examples of
intellectual property theft that occurred within the past two (2) years.
Write an eight to
ten (8-10) page paper in which you:
1. Research three to
five (3-5) ethical issues relating to marketing and advertising, intellectual
property, and regulation of product safety and examine whether PharmaCARE
violated any of the issues in question.
2. Argue for or
against Direct-to-Consumer (DTC) marketing by drug companies. Provide support
for your response.
3. Determine the parties
responsible for regulating compounding pharmacies under the current regulatory
scheme, the actions that either these parties or the FDA could / should have
taken in this scenario, and whether PharmaCARE could face legal exposure
surrounding its practices. Support your response.
4. Analyze the manner
in which PharmaCARE used U.S. law to protect its own intellectual property and
if John has any claim to being the true “inventor” of AD23. Suggest at least
three (3) ways the company could compensate John for the use of his
intellectual property.
5. Summarize at least
one (1) current example (within the past two [2] years) of intellectual
property theft, and examine the effect on that company’s brand.
6. Analyze the
potential issue surrounding the death of John’s wife and other potential
litigants against PharmaCARE as a result of AD23.
7. Specify both the
major arguments that John can make to claim that he is a whistleblower and the
type of protections that he should be afforded. Justify your response.
8. Use at least three
(3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary
Websites do not qualify as academic resources.
Your assignment
must follow these formatting requirements:
·
Be typed, double spaced, using Times New Roman font (size 12),
with one-inch margins on all sides; citations and references must follow APA or
school-specific format. Check with your professor for any additional
instructions.
·
Include a cover page containing the title of the assignment, the
student’s name, the professor’s name, the course title, and the date. The cover
page and the reference page are not included in the required assignment page
length.
No comments:
Post a Comment