Assignment 4: Legal and Ethical Considerations in Marketing Product Safety and Intellectual Property
Due End of Week 9 and worth 300 points
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 PharmaCAREs use of AD23 one of the companys top-selling diabetes drugs. Two (2) years ago after PharmaCAREs research indicated that AD23 might also slow the progression of Alzheimers disease John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administrations (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 parents headquarters. To conserve money and time CompCARE did a quick low-cost renovation.
CompCARE benefited from PharmaCAREs 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 PharmaCAREs 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 companys willingness roll the dice and continue to market the drug.
In preparation for this assignment use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past three (3) years.
Write a six to eight (6-8) page paper in which you:
1. Research three to five (3-5) ethical issues in the scenario relating to marketing and advertising intellectual property and regulation of product safety and examine the extent to which PharmaCARE violated these issues. Be sure to identify the law and then the extent of the violations.
2 Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
3. 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.
4. Summarize at least one (1) current example (within the past three (3) years) of intellectual property theft and examine the effect on that companys brand.
5. Analyze the potential product liability issues surrounding the death of Johns wife and other potential litigants against PharmaCARE as a result of AD23.
6. Specify 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.
7. 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:
The specific course learning outcomes associated with this assignment are: