Ortho Pharmaceutical Corp Case Summary

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

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 or 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.

As the brand manager for Allround cold medicine, there were many decisions regarding product formulation, strategy, line extensions and product launches over the company’s last 10 periods. The brand was focused on remaining a profitable, mature product family within the cold medicine category, but also maintaining a premium brand image.

4. A nurse in an ambulatory setting administers a prescribed antibiotic. The “five rights” of medication administration are observed. However, the patient, who has no known allergies, experiences an anaphylactic reaction. The patient is skillfully resuscitated and is promptly transported to the nearest hospital. Unfortunately, he suffers permanent hypoxic brain damage and severe disability. The family sues the clinic, the physician, and the

Additional Damages– The Courts felt that the employer owes an obligation of good faith and fair dealing in the way in which it dismisses an employee. They did not condone terminating employees in a callous and insensitive way and showing no regard for well-being when terminating an employee. The plaintiff Mr. Beatty stated that his termination was carried out in a dishonest, unfair and insensitive way even though the termination was “without cause”. He was called to Mr. Lebeter’s office and informed of his dismissal and given his letter of termination. He stated this

Directions: Please carefully read the following case study and answer the following questions in typed format. The resources that you will need to complete this case study include your textbook and drug book. Please include in text citations. This independent assignment is worth 25 points.

In the complaint, it is alleged that Dr. Rehman breached the relevant standard of care by discontinuing the pharmaceutical Glucovance, and by ordering insufficient monitoring of Ms. Green’s glucose levels; and that Millennium Health and Rehabilitation “failed to property monitor the deceased, ignor[ed] panic values on her labs, [and] misinterpreted the order discontinuing the Glucovance without order of [Dr.] Rehman.”

And if that does not satisfy the situation calling social service to investigate would be the next best possible action. The interview said; “They will inform the management by complaining as there is an open disclosure policy; if something goes wrong; and patient isn’t satisfied they could sue them. Which can indicated that the patients can file a case against facility if they feel that they two advised actions have not satisfied the negligence of the workplace. The most important key in deciding the best action to take for this case would be the patient’s satisfaction and finding justice for the suffering received.

It is likely that Mitch Landsing’s case against R. Thibodeaux Pharmacy will be successful under a theory of respondeat superior. Under the doctrine of respondeat superior, an employer is vicariously liable for the negligent acts his employee commits during the course and scope of his employment. Studebaker v. Nettie 's Flower Garden, Inc., 842 S.W.2d 227, 229 (Mo. App. E.D. 1992); Jones v. Brashears, 107 S.W.3d 441, 445(Mo. App. S.D. 2003). In order for an employer to be liable, there must be evidence that during the time of the negligent or omitted act, there was a master-servant relationship.; Bargfrede v. American Income Life Ins. Co., 21 S.W.3d 157 161(Mo. App. W.D. 2000); Gardner v. Simmons, 370 S.W.2d 367, 359(Mo. 1963).

The fear of medical malpractice lawsuits is an issue faced by all who practice medicine. To avoid public criticism by colleagues or the public from their profession and sometimes lose their ability to practice, physicians, and doctors feel forced to follow published standards of care. These treatments often include prescribing medications made to treat

II. The company may incur many costs that have been associated with the use of drugs

In today’s business world, production cost was an increasing concern for companies working to stay competitive in the global marketplace. The top management must search for a global solution to drive down costs and reduce difficult activities associate with inventory management and production management. Global sourcing aimed to exploit global efficiencies in the delivery of services and goods across geopolitical boundaries, including low cost skilled labor, low cost raw materials, tax benefits, and price breaks. Whelan Pharmaceutical was the best example to illustrate how the company chose the best manufacturing site for global sourcing from different perspectives.

This can be read as a key ethical question to many healthcare case studies because of the errors and situations that occur. One of the explanations for this occurrence may be the overwhelming workload, chaotic environment and lack of individual attention prescribed to each patient. These issues can cause a disruption to the ethical principle of Beneficence. The principle of Beneficence calls to action the act of helping others and having compassion for the patients. This principle can be threatened when a doctor or caretaker is overworked and unable to effectively manage the series of patients and work they are assigned to take on. I believe that the admitting doctor did not initially catch the error of not calling for the specific drug need because he was more focused on getting Mr. Londborg stable and on the medication to treat his initial and present condition before worrying about the preventative medication. In addition, the doctor was so focused on helping everyone all at once that he was blind to the small details and loose ends that needed to be taken care

Collins, 871 S.W.2d at 937. Allied Pharmacy offered Collins employment in a letter containing no express length of service nor any right to continued employment. Id. Issues subsequently arose between the parties, resulting in the plaintiffs never commencing work and filing suit under the promissory estoppel theory among other claims. Id. The court held that, as a matter of law, promissory estoppel is not available to avoid at-will termination and the defendant was entitled to judgment as a matter of law. Id. The court reasoned that, although a promise resulting in the plaintiff’s detriment existed, no reasonable jury could find reliance on such promise reasonable. Id. Rather, the court found the plaintiff relied upon an employment agreement for no specific period, and with no clear limit on the employer’s freedom of action. Id. Thus, the court held that the promise was too indefinite to permit a promissory estoppel claim and reliance was based upon subjective, unjustifiable expectations.

Pharmed First Inc. is a widely successful chain pharmaceutical company with 85 drugstores located in Canada’s Atlantic provinces. George Brenner is one of the 6 regional managers and Angela MacFee is a store manager in a mall located in Dartmouth. One of MacFee’s loyal customers have purchased 9 packages of Diet Magic on September 2011 however wanted to return them on May 2012. Subsequently, MacFee reacted hastily and defensively, arguing with Johnston in spite of Pharmed First Inc. return policy (Figure 1). As a result, Johnston wrote a letter to Frank Chen, the president of Pharmed First Inc. and told Brenner to deal with it. He proposed that the company gives Johnston a $500 voucher and that MacFee apologizes. However, MacFee remained inflexible as she also challenged Brenner’s authority.