South Carolina law review

Journal Information
ISSN : 0038-3104
Published by: Elsevier BV (10.2139)
Total articles ≅ 6
Archived in

Articles in this journal

Jason S Greenwood
Published: 1 January 2003
South Carolina law review, Volume 54, pp 1069-112

Published: 1 January 2002
South Carolina law review, Volume 54;

For a variety of reasons, vaccines and other critical pharmaceutical products have become increasingly scarce in the last few years, and persistent shortages involving dozens of essential drugs may imperil the public health. Pressures emanating from regulatory agencies, the courts, and insurers have conspired to make some lines of the pharmaceutical business less than attractive. Although concerns about unpredictable tort liability received most of the blame in the past, two other factors may help to account for the latest round of drug shortages: stringent federal control of manufacturing facilities and aggressive cost-containment efforts that further erode profit margins. Whatever the cause, scarce supplies necessitate efforts at rationing that pose their own difficulties for health care providers. Policymakers could avoid putting physicians to such tough choices regarding patients by focusing on ways to ensure the production of adequate quantities of these highly cost-effective medical technologies. Some commentators have called for greater public sector involvement, but this Article concludes that, in addition to bolstering its emergency stockpiles, the federal government instead needs to take steps designed to encourage private manufacturers to continue supplying critical pharmaceuticals. To this end, the government should adopt more flexible regulations governing manufacturing facilities, provide companies with greater protection from the vagaries of tort liability, and avoid pursuing excessive cost-control strategies. Otherwise, patients may continue to lose access to important therapeutic products.
H T Greely
Published: 1 January 2001
South Carolina law review, Volume 52

E A Cooke
Published: 1 January 1998
South Carolina law review, Volume 49, pp 1041-57

Elizabeth A Ferrell
Published: 1 August 1981
South Carolina law review, Volume 33

Back to Top Top