Ethics Hero, Corporate Division: Merck

Sometimes, though their implacable foes would refuse to acknowledge it, big corporations do the right thing even without a metaphorical gun at their heads. This week’s Economist magazine relates an amazing example that the public needs to know about, especially since it challenges popular stereotypes about Big Pharma.

The Economist begins by horrifying us with a deadly aspect of life in third world countries that are hot and wet: “neglected tropical diseases,” or NTDs. These are neglected because the populations that suffer from them are poor and far away, but they affect more than a billion people. Among the scourges, all parasitic, are Buruli ulcer, Chagas disease, guinea-worm disease, leishmaniasis, river blindness, trachoma and yaws. There are 18 pernicious maladies currently listed as NTSs.

In the 1970s, mega-pharmaceutical firm Merck developed the drug ivermectin after tests on animals with parasitic infections. William Campbell, one of the firm’s parasitologists,told company executives that the new drug might be effective against the parasite that caused onchocerciasis, or river blindness, which  afflicts populations in in parts of Africa, Latin America, and  Yemen.  He was given the green light to find out.

The first human trial of ivermectin as treatment for river blindness took place in Senegal in 1981, on patients who had the early stages of the disease—itching, rashes— but no damage to their eyes yet. The results were encouraging,  indicating that ivermectin was safe for humans and highly effective at stopping the disease before it blinded its victims.  Merck, however, now faced the problem that has impeded cures for all the neglected tropical diseases: those who needed ivermectin were too poor to buy it, and so were the nations where they lived. Big corporations are not charities; they have investors, stockholders and a bottom line. They are not accustomed or programmed to give away their products.

Yet Merck made a corporate decision that Bernie Sanders and Elizabeth Warren say is impossible. Starting in 1987, it made an open-ended commitment to distribute as much ivermectin as was needed to eradicate the river blindness worldwide. In the next ten years, it swallowed the cost of 100 million doses. Continue reading

Health And Survival Rationing Ethics

cointoss

Beginning in 2012, Dr. Lee Daugherty Biddison, a critical care physician at Johns Hopkins and some colleagues have held public forums around Maryland to solicit the public’s opinions about how life-saving medical assistance should be distributed when there are too many desperately ill patients and not enough resources. The exercise was part of the preparation  for Biddenson’s participation in preparing official recommendations for state agencies that  might end up  as national guidelines regarding when doctors should remove one patient from a ventilator to save another who might have a better chance of surviving, or whether the young should have priority over the old.

Ethically, this is pure ends justifying the means stuff. The Golden Rule is useless—How would you like to be treated? I’d want to be left on the ventilator, of course!–and Kantian ethics break down, since Immanuel forbade using human life to achieve even the best objectives…like saving a human life. Such trade-offs of life for life (or lives) is the realm of utilitarianism, and an especially brutal variety….so brutal that I doubt that it is ethics at all.

When Dr. Biddenson justifies his public forums by saying that he wants to include current societal values in his life-for-a-life calculations, she is really seeking current biases, because that’s all they are. On the Titanic, it was women and children first, not because it made societal sense to allow some of the most productive and vibrant minds alive to drown simply because they had a Y chromosome, but because that’s just the way it was. Old women and sick children got on lifeboats;  young men, like emerging mystery writer Jacque Futrelle (and brilliant young artist Leonardo DiCaprio), went down with the ship. That’s not utilitarianism. That’s sentimentalism.

The New York Times article mostly demonstrates that human beings are incapable of making ethical guidelines, because Kant was right: when you start trading one life for another, it’s inherently unethical, even if you have no choice but to do it. Does it make societal sense to take away Stephen Hawking’s ventilator to help a drug-addicted, habitual criminal survive? Well, should violating drug laws sentence a kid to death? TILT! There are no ethical answers, just biased decisions. Continue reading

Ethics Dunce Update: See, Jason, This Is Why We Need An Ethics Alarm…

 Too little, too late.

george03Jason Alexander has just responded to his agent’s and publicist’s frantic texts with a tweeted apology for his disreputable and needless swipe at an out-of-work actress now plucking ukuleles for a living…and not even in Hawaii.

He feels officially awful, he says. Her inability to play scenes with him and the other cast members wasn’t really the reason she was killed off on the show. It was all Jason’s insecurity, he says. Everybody “really liked and like Heidi…she is a kind, lovely person” he says. In show business, screwing over people you like and humiliating lovely people who make about 1% of what you do is just what stars do…wait, no he didn’t exactly say that.

He also says this: “But in telling this story, it sounds like we are putting a heavy burden on Heidi. I, personally, am not.”

Hmmmm. Interesting “personally.” As in the comments to Stern, Alexander is again implying that it wasn’t his fault that the actress got dumped and sent to hula hell. But Jason: you told the story humiliating her on the air. You. Nobody else.

Finally, Alexander tries to shift blame to the news media:

“So, to all the press that is now running wild with this 15-year-old story, please don’t pervert it.

“George,” you, not anyone else, you, told the 15 year-old story. The story now is what a jerk you were on Stern’s show. That story is new, and you just added to it, because this “apology” makes you seem like even more of a jerk. Yes, there’s a nice “I personally apologize” to Heidi. It doesn’t matter. The harm was done, and can’t be undone, and many of us, like me, have a hard time believing that this mea culpa is anything but PR repair work. For her career, dignity and reputation, no repair is possible.

You want to make amends? Have your agent find her an acting gig.

Unthical Quote of the Week: Bill Cosby Attorney Martin Singer

lying-lawyers“The new, never-before-heard claims from women who have come forward in the past two weeks with unsubstantiated, fantastical stories about things they say occurred 30, 40 or even 50 years ago have escalated past the point of absurdity.These brand new claims about alleged decades-old events are becoming increasingly ridiculous, and it is completely illogical that so many people would have said nothing, done nothing and made no reports to law enforcement or asserted civil claims if they thought they had been assaulted over a span of so many years.  Lawsuits are filed against people in the public eye every day. There has never been a shortage of lawyers willing to represent people with claims against rich, powerful men, so it makes no sense that not one of these new women who just came forward for the first time now ever asserted a legal claim back at the time they alleged they had been sexually assaulted. This situation is an unprecedented example of the media’s breakneck rush to run stories without any corroboration or adherence to traditional journalistic standards. Over and over again, we have refuted these new unsubstantiated stories with documentary evidence, only to have a new uncorroborated story crop up out of the woodwork. When will it end?

—-Martin Singer, one of comedian Bill Cosby’s lawyers, trying to quell the public relations storm that threatens to blow the 77-year-old icon’s career and reputation apart.

Wow.

I advise lawyers not to make sweeping, emphatic statements like this, for several reasons. First, it comes very close to violating the ethical prohibition against dishonesty, misrepresentation, fraud and deceit. If the lawyer wants to say such words on behalf of his client, that’s one thing, and legitimate representation, though I would prefer to see such statements come from a publicist. For Singer to say something like this on his own behalf, however, harms all of his other clients by scarring his credibility. I don’t believe him, and when it becomes indisputable that Cosby is guilty and that his lawyers had to know, no one will be able to believe him again. Lawyers are supposed to tell the truth, and to represent even the most despicable clients without behaving unethically themselves, within the standards of the profession. That can be difficult, as in this instance. That is why lawyers get the big bucks, however. They should be able to walk that tightrope.

Singer falls right off: Continue reading

The NFL’s Foolish, Counter-productive, Unethical Gay Affirmative Action

Hey, if Nathan is happy, then the NFL is happy...

Hey, if Nathan is happy, then the NFL is happy…

The Dallas Cowboys signed openly gay defensive lineman Michael Sam to be a member of its taxi squad, thus making him–let’s see,now—the first gay NFL practice squad player ever, at least the first to let everyone know his sexual proclivities. Wow…that’s some great plot for a made-for-cable movie! I’m getting goosebumps already!

Some sportswriters had opined that it would be a “disaster” for the NFL if Sam , who was cut by the Rams, the team that drafted him, wasn’t signed by some pro team, on the theory that this would expose the whole league as bigoted against gays. Of course, it could also mean that Sam just isn’t good enough, and whom he chooses to roll in the hay with isn’t considered either a virtue or a detriment to playing NFL football. This would be called, I believe, common sense and integrity.

Never mind. Several sources report that the NFL, also believing that there was a looming disaster, “lobbied” teams to sign Sam after he was cut. This both establishes a policy of gay affirmative action in the NFL, and also exemplifies what is wrong with all affirmative action. Let’s make a list: Continue reading

Comment of the Day: “The Compassion Bullies Strike Again!”

Beware that slippery slope!

Ethics Alarms is blessed with an unusually wise, articulate, philosophically diverse and often cantankerous readership. One of the luxuries this affords me as that I do not have to raise every single relevant issue in an ethics commentary, because I can be reasonable certain that a commenter will raise it, often with a perspective that I had not considered. Among benefits, this keeps my posts from being even longer than they already are. An example of this phenomenon  is this comment from Mike Martin, on yesterday’s post regarding the family that bullied US Air into refunding non-refundable tickets because the mother was diagnosed with Stage 4 breast cancer. My first draft of the post had discussed the important  issue Mike raises, but I decided to stick to the main topic, the conduct of the Compassion Bullies.

Here is his Comment of the Day, on “The Compassion Bullies Strike Again”:

“The question now is: how does US Air like its position on the proverbial slippery slope? Continue reading

The Compassion Bullies Strike Again!

(I know everyone is going to hate this.)

"Be compassionate, damn you!!! This thing is loaded"

Having a terminal illness does not justify bullying corporations into waiving fair and valid contracts, and using the media and public opinion to extort money out of companies that they have no obligation to surrender is unethical.

Sorry. But it’s true.

US Air has capitulated to a classic example of compassion bullying and agreed to refund the non-refundable airline ticket Lynn McKain purchased as part of a family vacation to Belize. This occurred after the McKain family sicced the media on the airline when a recurrence of breast cancer caused Lynn to cancel the trip on doctor’s orders. She requested a refund based on her misfortune, although there was nothing in the deal that suggested that there were exceptions to the ticket’s non-refundable features. Then, after the airline politely declined to waive the terms the McKain’s had agreed to in order to pay discounted ticket fees, the family alerted the media, with predictable results. There were heart-wrenching stories about McKain’s cancer treatment, making out the airline as an avaricious, mean-spirited cabal of inhuman monsters.

Finally, the airline gave in. It had no choice; the media and the McKain’s would keep the pressure on, making the episode a full-fledged public relations catastrophe, unless it did. The Compassion Bullies won, as they almost always do. Don’t think for a moment that this is good triumphing over wrongdoing, however. It is the opposite. Continue reading

Cheater’s Remorse: ABC News Gets Ethical Without Knowing What “Ethical” Means

"Right now, cheating doesn't pay, so we're committed to ethics."

If you think ABC News is going to get any credit here for officially (sort of) banning the practice of paying so-called “licensing fees” to get exclusive interviews, I’m going to disappoint you. For there is nothing admirable about….

1….. engaging in the discredited practice of paying big money to central figures in news stories in order to gain access to them, and

2….disguising the practice by technically paying them inflated fees for the rights to photographs, even though the real reason for the pay-off is #1 above, then…

3….rejecting the practice when it leads to questions about how the network got an interview when it didn’t pay “licensing fees,” but…

4…noting that it might still go back to the unethical practice “perhaps once every couple of years,” since…

5….the other networks do it.

Yuck, pooie, ichhhh, petah!  ABC’s decision, outlined in a report by media watchdog Howard Kurtz, tells you everything you need to know about the state of ethics in broadcast journalism in general and ABC in particular, and I have seen prettier sights floating in an unflushed toilet bowl. Continue reading

Incompetent Elected Official of the Month: Rep. Jeff Denham (R-CA)

Rep. Jeff Denham: Now we know.

First the airlines are unfairly pilloried in the media thanks to an ignorant serviceman’s YouTube complaint about being charged excessive baggage fees for his gear….despite the fact that 1) the airlines already give servicemen  discounts on extra bags (though they shouldn’t) and 2) the fees charged will be reimbursed, just like my business travel costs are reimbursed by the people who hire me.

Now Congressman Jeff Denham (R-CA) has introduced a non-binding resolution in the House that threatens to use contracts between the military and commercial airlines to punish carriers that do not waive all baggage fees for deployed military personnel.

Rep. Denham’s resolution has its good side: now we know that he is unethical, a fool beyond redemption, and a bully as well. Continue reading

Those Military Baggage Fees: Bad Journalism and Bad PR, Not Bad Ethics

The 24 hour news cycle and blogger feeding frenzy often produce snap ethical judgments that defy the facts, logic, and fairness. Today’s example: the supposed “outrage” of Delta Air Lines making Army reservists returning from combat in Afghanistan pay excess-bag fees. A Colorado soldier posted a YouTube video complaining that their unit had to pay $2,800 for extra checked bags, and you would have thought the airlines made the soldiers fly while strapped to the wing. “You’re not going to believe this!” said “Fox and Friends” goof Steve Doocy, introdoocying the story as if it was an act of domestic terrorism. There were similar expressions of horror on CNN’s Headline News and on the local news in Wilmington, Delaware, where I was staying yesterday while doing a musical ethics program for the Wilmington Bar. And yet…

Delta did nothing wrong or inappropriate.

The staff followed policy. What were they supposed to do, spontaneously waive thousands of dollars in luggage fees out of respect for our soldiers…and have to make it up out of their own pay? The military already gets a substantial break on checked baggage; the soldiers were complaining about having to pay for bags that exceeded Delta’s limit for waiving the fees on soldiers’ bags. But if the flights are related to the soldiers’ duties, why are the domestic airlines responsible for paying their expenses? (By the way, what the soldiers don’t pay for gets passed in costs to the non-military passengers.) Simple answer: the domestic airlines are not responsible, and should not be.

When I travel on business dictated by a client or employer, the client or employer pays my costs…just like the U.S. Government pays the travel expenses of soldiers flying to and from deployments. That’s right: soldiers get reimbursements from the military for additional costs if their orders require the expense and they submit receipts. Why, then, was it Delta’s responsibility to pick up the tab for these soldiers’ extra bags, and proof of evil corporate America’s unpatriotic greed that they asked the soldiers for the already-discounted fees for excess luggage instead?

I repeat: It wasn’t. A couple of soldiers didn’t know their own expense reimbursement procedures, used YouTube to make a misrepresentation go viral, and the media indulges its reflex reaction to fault businesses and fall worshiping at the boots of our young warriors. Nobody bothered to think, much less check facts, before condemning the Delta. Terrified, as ever, of any negative publicity, deserved or not, Delta abjectly apologized (for doing nothing wrong), and was followed by other carriers in eliminating bag fees to avoid getting the stink-eye from Bill O’Reilly. Delta said it would allow four bags for free. United said it had increased the number of free military checked bags from three to four. American said it will allow five free bags instead of three for military personnel. This is nice enough, of course, but it is pure public relations nonsense.

These airlines will charge seniors traveling by necessity to an assisted living complex for every bag they check, and the military isn’t going to pay their expenses once they gut the receipts. Do the airlines let military veterans check their bags for free?  Priests and nuns, who have taken vows of poverty? Handicapped travelers, who are unable to carry on heavy bags? The disabled only get two free bags, at best, before they are charged 50 bucks per additional piece. How about pregnant women? The unemployed, relocating to a new city to look for jobs…any breaks for ? Ethically, there are much more compelling arguments for giving breaks to any of these flyers than active duty soldiers, who are going to be reimbursed by the military anyway, and should be.

I am not sure even that would be appropriate, however. I don’t think that the airlines should be in the business of charging different fees to travelers in different circumstances; it requires value judgments that I do not trust the airlines to make fairly or rationally. Next we’ll be seeing waived bag fees for registered Republicans, attractive blondes and vegans, or whoever screams the loudest or has the most vocal lobby. The proper, ethical and fair way to do business is to have the same rules for everyone.

Except Steve Doocy and the rest of the media. Charge them double.