It is more important from the start that we not pollute the information gathering process with misinformation.Medicine is always a cost/benefit proposition. It's important we not pollute the information gathering process with punitive actions.
Gene
Okay, this is kind of off-topic I guess, but this is not a valid point. They aren't losing money to Chinese piracy, they just aren't making as much as they legally should. It is not reasonable to describe it as a cost, any more than it would be reasonable to describe Mac users as costing them money.Bill Glasheen wrote: Ask Bill Gates (software) and Hollywood (DVDs) how much money they lose to China piracy these days.
You telling him something doesn't mean you can accept it. I can agree that some things are kept secret due to litigation, but there's no way companies would suddenly become noble and forthcoming about the problems if lawsuits ceased to be possible. What's your explanation for how that would work? What possible reason would a company have to tell the truth when there's no financial repercussion to lying?
PostPosted: 25 Aug 2005 14:24 Post subject:
Not true... I compute odds ratios all the time.
It takes years of doing something to cause a cardiovascular event. And then you have data variability. It takes millions of doses over many years to find something with that distal a clinical outcome to come out as a statistically significant odds ratio (so different from 1.0 that it isn't due to random chance.) We see higher-than-normal risk scores all the time that turn out over time to be due just to statistical noise. Sometimes you'll flip a coin 10 times and have it come out as 10 times heads.
And those kinds of risks are computed only after removing variability from myriad other sources. Lots of things cause heart attacks, like the kinds of things that make people want to take analgesics in the first place.
I've told you repeatedly that things often are held to the chest BECAUSE of our litigeous society. You continue not to accept that.
Ahh, now we get to why this frosts Bill so much: He thinks companies should lie, trick and prevaricate if its in consonance with business realities!There are plenty of business realities to deal with
You're going to have to define "wrong".what would an ethical person do if they made many millions of dollars as a trial lawyer, and then found out that they were wrong
"Rofecoxib has now been taken off the market by Merck, following the premature cessation, by the data and safety monitoring board, of the Adenomatous Polyp Prevention on Vioxx (APPROVe) study, which was designed to determine the drug's effect of benign sporadic colonic adenomas. This action was taken because of a significant increase by a factor of 3.9 in the incidence of serious thomboembolic adverse events in the group receiving 25 mg of rofecoxib per day as compared with the placebo group."Not true...
That's the patient's job, Ian. But we can talk informed consent leter, if you wish.BUT the doc might have been right that the benefits outweighed the risks
I should've clearly defined "right way" but that's okay. I meant more in terms of dissuading them from malicious behavior, rather than persuading them to behave altruisticly.IJ wrote: Not random at all! The question is, what system besides punitive lawsuits would induce companies to act the right way?
I agree with your statement about the vaccine incentives and think that is a fine mechanism. I wuold never suggest suing a company for failing to produce a product that it would be nice of them to make.Can government subsidize such products, or incentivize their production, or can companies use the loss as good PR? YES.
So is it your belief that as it stands a person is able to succesfully bring suit for experiencing side effects which they were clearly informed of prior to taking the medication? As I understand it, these suits are *only* succesful when there is some kind of negligence or maleficence.Government should be able to hold a future merck UNTOUCHABLE if its future Vioxx is
I think people do that every day. Do you believe that anything like a majority of negative side-effects result in lawsuits?Patients should be asked to, while reaping the tremendous benefits of modern pharmaceuticals, simply ACCEPT that adverse outcomes are a part of life and may or may not occur with their treatment.
Not to be too cynical, but as far as I can tell PR is not as significant as people make it out to be. People have short memories, and generally think with their wallets. That, and as far as I can tell almost nobody cares what another company does if they don't perceive that they personally were wronged.Merck should, on its own, also recognize the PR and financial consequences of being less than forthcoming to make a buck. I sooo wish they had.
Are there not government grants for medical research? I would certainly expect that if companies were being paid to develop medicines, that those medicines would become public domain quite quickly since ultimately we're the ones taking the risk on the research. I have no problem with government-funded vaccine research though, I think it's a great idea.Maybe they could be at least reimbursed for development expenses?
I would like to know how those cases turned out, but I'll leave that aside. The question is, how do you make a situation where it's possible to get compensation and punish companies who do wrong while still preventing this "nonsense"? How would you determine, before the legal process, whether a given complaint has merit or not? What is your process for assessing the legitimacy of a complaint? There are a lot of cases that get thrown out because they have insufficient grounds, are you just saying that there should be more of this?Whatever the outcome, that automaker, doing basically the right thing in following standards and allowing choice, got spanked by opportunist lawyers on both sides. This is the nonsense we must prevent.
Actually I love doctor babble.Beware, all ye who dislike doctor babble, for Gene took me up on my
I agree that whenthere are multiple factors it isn't reasonable to pin all the blame on a single one. I would argue Vioxx's liability in dual case should be equal to the proven increase in risk that their product creates, based on their concealment of this fact..To settle such issues in the court is stupid.
...
Merck made a broad error and has broad liability, but damages for specific lost wages are plain nuts.
Why do you find it necessary to tell me this after you've been unable to show it?Gene wrote: And please, Bill, go right on saying how much I use "lawyer speak" when writing here. I consider it a badge of honor and that I understand the issues better than you.
True statement. My brother retired, read the law, and then hung his own shingle up to do general practice. He doesn't really make much in the way of money, but understands the personal fulfillment of ethical business practices. "Tort reform" doesn't apply here. The majority of attorneys understand the fulfillment of providing useful services.Rising Star wrote: Most lawyers make little or nothing anyways these days, trust me I know!
We've had these discussions before, Justin, on the topic of online music piracy (a.k.a. stealing). I remember I couldn't convince you that this practice wasn't ethical. It still amazes (and concerns) me.Justin wrote:Bill Glasheen wrote: Ask Bill Gates (software) and Hollywood (DVDs) how much money they lose to China piracy these days.
Okay, this is kind of off-topic I guess, but this is not a valid point. They aren't losing money to Chinese piracy, they just aren't making as much as they legally should. It is not reasonable to describe it as a cost, any more than it would be reasonable to describe Mac users as costing them money.
Wow... All this activity, and everyone is hurt but the lawyers who make a fortune. And you can't see the harm in that. It's law school, and dollar signs, and rationalizations for a status quo that is causing harm.Bill wrote:Gene wrote:The biggest winners are the lawyers - every single time.
Good for them. They took on a huge case.
So how about those 4 fellows, eh? Good for them. They took on a huge case. Think of the risks they took, after all. I know of at least 3 homes in the county were these Robin Hoods would have encountered an "interesting" response.Arrests in Henrico home invasion
From NBC12 News
Thursday, August 25, 2005
Four people were arrested Wednesday after what police describe as a bold, daylight home invasion in eastern Henrico County. Police say there were people in the home in the 12-hundred block of Herman Street near New Market Road, when four men stormed into the home about 3:30 yesterday afternoon.
Police were alerted and an aerial unit was able to pick up on a suspicious vehicle, leading to a brief chase and arrests.
There were no injuries.
Hey Gene, what does this have to do with arrhythmias? Wasn't that what the defendent died from?Gene wrote: "Rofecoxib has now been taken off the market by Merck, following the premature cessation, by the data and safety monitoring board, of the Adenomatous Polyp Prevention on Vioxx (APPROVe) study, which was designed to determine the drug's effect of benign sporadic colonic adenomas. This action was taken because of a significant increase by a factor of 3.9 in the incidence of serious thomboembolic adverse events in the group receiving 25 mg of rofecoxib per day as compared with the placebo group."
Fitzgerald GA, Coxib and Cardiovascular Disease. NEJM 351;17: 1709-11
Wow, a voluntary withdrawal. Imagine that - a big, bad, money-hungry drug company doing the right thing.In late September, 2004, Merck & Co., Inc. announced a voluntary withdrawal of rofecoxib (Vioxx) from the U.S. and worldwide market due to safety concerns of an increased risk of cardiovascular events (including heart attack and stroke) in patients on rofecoxib. Rofecoxib is a prescription COX-2 selective, non-steroidal anti-inflammatory drug (NSAID) that was approved by FDA in May 1999 for the relief of the signs and symptoms of osteoarthritis, for the management of acute pain in adults, and for the treatment of menstrual symptoms, and was later approved for the relief of the signs and symptoms of rheumatoid arthritis in adults and children.
No need to go through all the "by the hour" arguments from you, Gene, when just one or two faux pas like these make it so easy.Gene wrote:Warnings about aspirin are printed prominently on every bottle. Not so with Vioxx. Merck fought like hell to get cardiac warnings out of the product info.Bill wrote: Meanwhile, who is sueing Bayer because they have stomach bleeding from taking aspirin, or died from a hemmoragic stroke from the same? Or lost their kidney from taking a lifetime of aspirin? Nobody.
The correct term is copyright infringement.Bill Glasheen wrote: We've had these discussions before, Justin, on the topic of online music piracy (a.k.a. stealing).
Well you obviously didn't read my position very closely if this is your understanding of it. However you are right that your argument was not persuasive. But that's a different subject, and I'd rather not totally derail this thread.I remember I couldn't convince you that this practice wasn't ethical. It still amazes (and concerns) me.
I said no such thing. I said that it's not a cost, and it isn't. They are not "losing money to China." That simply is not true. This is why it's dishonest to call copyright infringement theft. Do I really have to explain the why?But yet it's OK for folks in China to get a digital copy and start selling it?
Or in other words "I don't know what your point is but I'm going to tell you it's wrong anyway." Seriously Bill, if you're going to take the position that you don't need to bother reading other people's messages, what right do you have to get upset when you think they haven't read yours? Moreover, why should anyone bother talking to you if you're going to ignore what they have to say?Gene, I hope you don't mind me telling you that I don't really read your posts with that much detail.