Analyze the manner in which pharmacare used us law

Assignment Help Business Law and Ethics
Reference no: EM13832347

Question: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property

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:

  • 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.
  • Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
  • 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.
  • 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.
  • 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.
  • Analyze the potential issue surrounding the death of John's wife and other potential litigants against PharmaCARE as a result of AD23.
  • 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.

Verified Expert

Reference no: EM13832347

Mandy purchased a business law book

Mandy purchased a business law book and used it during her business law class.  She later loaned the book to Steven, and then to Christen.  Another student accused her of co

Do buyers of these telescopes have to return their purchases

Anne Robertson obtained telescopes from the see-Well Optics Company at dealer prices on the pretense of being a dealer in optical equipment. Do the buyers of these telescopes

Some ways in which community policing is more easily

Describe some ways in which community policing is more easily facilitated today with the use of technology. In a minimum 200 word response, outline some methods that police de

Is there a phase that you wish had happened differently

Think of a healthcare policy with which you are quite familiar. Briefly describe the three phases of this policy's development. Is there a phase that you wish had happened

What are some practical consideration of taking legal action

What are some practical considerations of taking legal action against a foreign business partner based in another country? What factors could work against CadMex's decision to

Jana dart, a citizen of california

Jana Dart, a citizen of California, was attending the premier showing of the movie "Titanic" at the Yoda Four-PO theatres in Salt Lake City, Utah. She bought a cola and p

Act in socially responsible ways

Explain why you agree or disagree with the following proposition: "Corporations will be less likely to act in socially responsible ways if there is either too much, or too l

Describe the manner in which pharmacare used us law

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 leas

Reviews

Write a Review

 
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd