Case

Beckton Dickinson and Needle Sticks 1. In your judgment, did Becton Dickinson have an obligation to provide the safety syringe in all its sizes in 1991? Explain your position, using the materials from this chapter and the principles of utilitarinaism, rights, justice, and caring. Market approach to Customer Protection. Consumer safety can be provided efficiently through free market. In a consumer view, Becton Dickinson should producce the safety product to consumer at a fair price, in a way that respects customer’s free choices, and with an efficient use of society’s resources. Ex: BD needs to provide all the size of safety syringe which is 5 cc and 10 cc not only the 3 cc.Due care theory Manufacturer’s duties to consumers The view that because manufacturers are in a more advantaged position and consumers must repoly on them, they have a duty to take special care to ensure that consumers’ interests are not harmed by the products that they offer them. BD had the knowledge and expertise of producing syringe and needle stick, therefore they have the duty to ensure htat hospital buyer’s interest are not harmed. Design: (1) the choice of reliable materials for constructing the safety syringe, (2) the quality control use to test and monitor production, (3) the warning, labels, and instructions attached to the syringe. Social cost view of the manufacturer’s duties to consumers Manufacturers should pay the costs of any injuries caused by defects in the product, they will be motivated to exercise greater care and thereby reduce the number of accidents. Utilitarianism -: a general term for the view that actions and policies should be evaluated on the basis of the benefits and costs they will impose on society. It is not relevant for BD that was only concern about their company’s interest and the high production cost. Economic point of view  it can reduce the burden of the society and the patients who infected AIDS. It will produce the greatest balance of benefits over costs for everyone affected; which is safety was the main sconsideration and priority of health care workers. Rights Legal rights: an entitlement that device from a legal system that permits or empowers a person to act in a specified way or that requires others to act in certain ways towards that person. Ex: US Dept. Of Labor and Depart. Of Helath and Human Services agreed that engineering controls should be used as the primary meethod to reduce worker exposure to harmful substances. Dr. Janine Jaegger agreed that health care workers in US need a whole new array of devices in which safety in an integral part of the design.

2. Should manufacturers be held liable for failing to market all the products for which they hold exclusive patents when someone’s injury would have been avoided if they had marketed those products? Explain your answer. 3. Evaluate the ethics of Becton Dickinson’s use of the GPO system in the late 1990s. Are the GPOs monopolies? Are they ethical? Explain.