Legal Question in Business Law in California

drug`s safety

if animal study of new drug do not show significant side effect .and reasearches believe that th drug may alo increase the possibility of potentially fatal cerebral aneurysms in a very tiny percentage of users .would it be ethical for the company to tell the researchers to keep quiet about their concerns ?is it ethical to put animals at risk in order to test the drug`s safety


Asked on 5/06/09, 9:01 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: drug`s safety

Animals are always at risk in tests. Withholding facts and evidence in drug trials is unethical, but unless you are the 'researcher' you will never know it. He could report them. If you're the researcher, and this is what is happening, feel free to contact me for the legal help you're going to need in reporting, and in dealing with any retaliation.

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Answered on 5/06/09, 9:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: drug`s safety

Despite all the jokes impugning the legal profession for lacking ethics, I'd say that 99% of lawyers adhere to high ethical standards and are very concerned about ethical conduct.

Nevertheless, the legal profession is mainly concerned with what's ethical in the practice of law. Other professions may have their own codes and standards of ethics, especially the drug-development industry. We as lawyers would probably be best advised to let that industry develop, enforce and interpret its own codes and standards. For example, we wouldn't appreciate medical doctors, accountants or architects telling us what's ethical in the practice of law.

On the other hand, lawyers certainly may, and should, advise clients in the pharmaceutical industry on what's LEGAL and what should be disclosed to prevent LIABILITY, but these are true legal issues and do not concern, directly at least, what is or is not ethical conduct for drug researchers.

I am aware that there is a substantial interest among the public about this topic (witness the large membership and notoriety of groups such as PETA). There are widely divergent views on the supposed "rights" of animals, and you will find lawyers with views at all of the extremes. However, I think their views are personal, just like their voting habits, and that whether risking aninals is ethical or not is an abstract philosophical question that is not and should not be confused with the practice of law, any more than your personal physician's abhorrence of chocolate should influence him to give you advice only as to the qualities of vanilla.

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Answered on 5/06/09, 10:30 pm


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