Reference no: EM131400075
Ethics Case Vaccines are biological preparations usually containing an agent that resembles a disease-causing microorganism, which is often administered by needle and which improves immunity to a particular disease. Vaccines are subject to federal premarket approval of the federal Food and Drug Administration (FDA). The elimination of communicable diseases through vaccination became one of the greatest achievements of public health in the twentieth century. However, harm caused by side effects to some individuals led to a massive increase in vaccine-related tort litigation against the manufacturers of vaccines. One group of manufacturers that was subject to such lawsuits was the manufacturers who made the vaccine against diphtheria, tetanus, and pertussis (DTP). Because of the lawsuits, two of the three domestic manufacturers of DTP withdrew from the market. In response, the U.S. Congress enacted the National Childhood Vaccine Injury Act (NCVIA) of 1986. One of the provisions of the act stated,
No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.
When Hanna Bruesewitz was one year old, her pediatrician administered doses of DTP vaccine that was manufactured by Lederle Laboratories (later purchased by Wyeth LLC). Hanna immediately started to experience seizures and has suffered seizures since being vaccinated. Hanna's parents filed a lawsuit against Lederle, alleging that the company was liable for strict liability and negligent design of the vaccine. The U.S. District Court granted Wyeth summary judgment, holding that Bruesewitz's causes of action was preempted by the NCVIA. The U.S. Court of Appeals affirmed the judgment. Bruesewitz appealed to the U.S. Supreme Court. Bruesewitz v. Wyeth LLC, 131 S.Ct. 1068, 2011 U.S. Lexis 1085 (Supreme Court of the United States, 2011)
1. What does the Supremacy Clause provide?
2. Is it ethical for vaccine manufacturers to be absolved from liability by federal law? What is the public policy underlying the federal law?
3. Does the preemption provision in the federal NCVIA bar state law design-defect product liability claims against vaccine manufacturers?
|
Focus on task for your employee orientation program
: Needs assessment should be performed on three levels: strategic/organization, task and person. In this week’s Assignment, you will complete all three with a focus on task for your employee orientation program. The two Discussion topics for this unit ..
|
|
Negligence suits are on the rise
: As we have discussed, negligence suits are on the rise. One defense a defendant can raise when faced with such a suit is assumption of risk. Essentially, this means that an individual knew of a risk and voluntarily consented to the risk. Can you thin..
|
|
Consider further the role that benefits play in recruiting
: Discussion: Let's consider further the role that benefits play in recruiting. Put yourself in the role of your organization's recruiter. What benefits might you use to attract Generation X and Y employees (less than 45 years of age)? How do these ben..
|
|
Develop performance management plan
: Develop a performance management plan that addresses the following HR functions. (SERVE MODEL) Use bullets provided. Select and hire talent by considering the work, the diverse expirence and needs of the team, and sizing up talent against the require..
|
|
What is the public policy underlying the federal law
: Ethics Case Vaccines are biological preparations usually containing an agent that resembles a disease-causing microorganism, which is often administered by needle and which improves immunity to a particular disease. What does the Supremacy Clause pro..
|
|
Organizational behavior effectiveness model
: Determine the skills, strengths, or qualities that you should posses relative to the seven(7) dimensions of the Global Leadership and Organizational Behavior Effectiveness Model, that would increase your odds of securing a managers position in Malays..
|
|
Company begins to participate in international business
: Your company has promoted you from department manager to CEO, just as the company begins to participate in international business. Devise at least five(5) rules that address conflict of interest for your company withing this new context. Provide a ra..
|
|
Acceptable for a cost estimate at this point of time
: If project procurement documents have been approved, what estimating technique should be applied? What percentage of accuracy would be acceptable for a cost estimate at this point of time?
|
|
What is commercial speech
: Ethics Case Pursuant to enabling statutes, two federal administrative agencies—the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC)—created the national do-not-call registry. What is commercial speech?
|