Free Essay - Purdue Pharmaceutical

Purdue Pharmaceutical is a company that is located in the City of New York, United States of America; this company produces and supplies a variety of pharmaceuticals. The products that the company produces and supplies are OxyContin and Opioids. Opioid is a drug that reduces pain, and it has caused traffic accidents and more killing than cancer. Besides, the misuse of Opioids caused more deaths. De Blasio argues that the Pardue companies have neglected the negative impacts on Opioids, and Purdue pharmaceutical company is making more profits by describing their consumers (Chatterjee, 2018). The company barrister states that they are giving priority to the allegation and also want to be among the solutions. However, the research paper addresses the ethical and legal problems that are facing Purdue Pharmaceutical Company. The research gives other ways to dilemma ethical, the contribution of Friedman of international market ethics and gives an explicit discussion on legal theories of Negligence, Contributory Negligence, and a case of Fletcher-Rylands that is useful to Pharmaceutical Companies.

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Purdue company legal and ethical dilemma

The Purdue company has been taking part in producing and supplying and selling opioids and OxyContin drugs. The medical practitioners give the prescriptions on the type of drug to be bought, and the sick individuals purchase the prescribed drugs from the pharm. The doctors in the pharmaceuticals are the only people that have the opportunity of selling drugs to the sick and provides prescription. In essence, the patients, after purchasing the drugs they do the opposite of the prescription made by the doctor by taking an overdose. The overdose causes deaths to sick people, and This is the opposite of the pharmaceutical company's expectations. The De Blasio criticizes the pharma for assuming the negative challenges that result in taking an overdose of opioids drugs. According to the Cherokee community, the Purdue company manufactures and supplies opioids drugs that, when taken by the community, cause addiction when misused.

The Dan Polster, the judge, claims that he does not have any legal rights to subject any company to prosecution (Forder, 2019). The judge claims that there is a share Negligence contributory that consists of the federal government, patients, hospitals, doctors, local government, distributors, manufactures, and pharmacies. The pharmacies play a role in prescribing the appropriate drug and giving direction on how patients should use the pills. The manufactures play a vital role in producing Opioids that are free from side effects. The distributors were allowed only to supply drugs to the pharmacies that have Licensed and have been met the legal, medical requirements. The local and federal government plays a vital role in regulating businesses and issuing licenses to the company. Acooeding to the judge, in case a verdict is passed, the company will compensate the victims. Furthermore, the motto for marketing shows that Opioids drugs work effectively and has no advanced side effects. The doctor, Alan, recommends that the drugs are useful when used as the painkiller, and the sick should consume them when they are sick.

Framework Utilized by Health System

Veteran Affairs health system decisions give more information about the framework ethical dilemma to handle Opioids. In the city of Ohio, the veteran deaths have resulted from the misuse of the Opioids drug. Ideally, about four thousand deaths in Veteran city have resulted from overdose (Charlton et al., 2016). The subordinates came up with innovations programs that are stipulated to curb the usage of Opioids. To enhance the reduction in menace, Cleveland adopted certain principles such as prescription of safe pain medication, sharing of the best practices, and using innovative technologies (Kertesz & Gordon, 2018). The VA specialists educate health practitioners on the methods that enhance the transition of patients from being Opioids to non Opioids drugs. The program of training assists healthcare providers to find other ways of lowering the pain rather than purchasing Opioids. However, the transition from Opioids to non Opioids will shade the patients from being addicted, which results in drug misuse.

The Stakeholders of the company could have adopted approaches if they wanted to apply Molton's Friedman of the free market. Milton argues that the management of Purdue is the subordinates of the company, and they play a role in maximizing the profits of the company. Milton posits that the company should concentrate on maximizing profits to the organization (Friedman, 1970). The similar example should apply in the company; if the Purdue company insists on the manufacturing and distribution of Opioids. Thus, the company will be closed, and there will be no profits from the stakeholders.

An alternative Ethical Framework

The Purdue company can undertake several procedures to minimize and prevent ethical and legal dilemmas. The company should advertise and creates civic awareness on the dangers of Opioids drugs when the patient takes an overdose. The Purdue company should involve in manufacturing Opioids that cannot cause addiction to Opioids. Besides, the company stakeholders are advised to take part in creating marketing awareness that will clearly show the dangers brought by Opioids.

Other relevant Legal Theories

The Rylands Versus Fletcher

The theory applies non-natural use of land. Fletcher escapes and destroys the neighbors (Deakin et al., 2013). The company creates Opioids drugs that result in death to several people in the city of New York. The company should create a way of restricting the consumption of Opioids.

Medical Negligence

Negligence frequently occurs when individuals failed to do exercise because of diligence and care to perform what is required from them. In the medical set up, when the doctor fails to give comprehensive care, it will lead to a given loss of the doctor and the patient (Herring, 2018). The pharma company's failure to give a correct prescription of the Opioids drugs and giving correct orientation to the patient on how to use the Opioids drugs will result in death. The company should effectively exercise their work with due diligence and ensuring enough care when selling the Opioids drugs

Contributory Negligence

This Negligence occurred when different groups contributed to the injury or loss. The patients' people are causing their deaths by failing to follow what has been prescribed by the doctor and taking the overdose of Opioids drugs. Indeed, the local authorities, states, and the federal government fail to coordinate and regulates businesses leading to the death of people (Lande, 2010). The manufactures are failing to produce Opioids drugs that have a low content of Opioids drugs. Moreover, the care- providers and the public contribute to the death of patients who are failing to bind by the doctor's prescriptions.

In conclusion, the Purdue company is facing several challenges in dealing with an ethical and legal dilemma in connection to deaths that result from the overdose of opioid drugs. The Purdue company has been taking part in producing and supplying and selling Opioids and OxyContin drugs. The pharmacies play a role in prescribing the appropriate drug and giving directions to patients. The Purdue company should be involved in manufacturing Opioids that cannot cause addiction to Opioids. Veteran Affairs health system decisions give more information about the framework ethical dilemmas to handle Opioids.

References

Charlton, M. E., Mengeling, M. A., Schlichting, J. A., Jiang, L., Turvey, C., Trivedi, A. N., Kizer, K. W., & West, A. N. (2016). Veteran use of health care systems in rural states: Comparing VA and Non-VA health care use among privately insured veterans under age 65. The Journal of Rural Health, 32(4), 407-417. https://doi.org/10.1111/jrh.12206

Forder, J. (2019). Conclusion: The Legacies of Milton Friedman. Milton Friedman, 399-418. https://doi.org/10.1057/978-1-137-38784-4_25Herring, J. (2018). 1. Ethics and medical law. Medical Law and Ethics. https://doi.org/10.1093/he/9780198810605.003.0001

Kertesz, S. G., & Gordon, A. J. (2018). A crisis of opioids and the limits of prescription control: United States. Addiction, 114(1), 169-180. https://doi.org/10.1111/add.14394

Lande, R. H. (2010). Should Maryland change from contributory Negligence to comparative Negligence? SSRN Electronic Journal. https://doi.org/10.2139/ssrn.1291299

New York City sues Purdue Pharmaceutical and others over opioid deaths. (n.d.). Human Rights Documents Online. https://doi.org/10.1163/2210-7975_hrd-9822-20180003Witting, C. (2018). 18. The rule in Rylands V Fletcher. Law Trove. https://doi.org/10.1093/he/9780198811169.003.0018