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Health Law and Policy

University of Washington School of Law

1997

Articles 1 - 4 of 4

Full-Text Articles in Law

The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe Jul 1997

The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe

Washington International Law Journal

As early as 1983, Japan's Health and Welfare Ministry had reason to know that the use of unheated blood products by hemophiliacs was infecting them with HIV, the AIDS virus. Although heated-and safe-blood products were already available from the United States, government approval in Japan was deliberately delayed for almost three years while local pharmaceutical companies developed the products. By the time the unheated blood products were all withdrawn from the market, many of Japan's hemophiliacs had contracted HIV. A number of them, or their survivors, sued the government and the pharmaceutical companies. At the end of the consolidated trials, …


Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii Jul 1997

Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii

Washington International Law Journal

With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …


Emergency Care And Managed Care—A Dangerous Combination, Diane E. Hoffman Apr 1997

Emergency Care And Managed Care—A Dangerous Combination, Diane E. Hoffman

Washington Law Review

Managed care plan subscribers in need of emergency medical treatment often face unduly restrictive plan practices. These practices may result in life-threatening injury or significant financial obligations on the part of plan subscribers. They are the result of a managed health care system that is inadequately regulated and overly concerned with cost control. Economic incentives lead plans to deny approval for emergency medical treatment or to deny retroactively coverage for such treatment. Emergency medical providers also are harmed by these practices, often forced to treat patients under federal law but denied payment for their services. This Article describes this problem …


The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson Jan 1997

The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson

Washington International Law Journal

This paper reviews social and legal issues in the current euthanasia debate. Focusing on Australia and the United States, the author argues that the legalization of physician-assisted suicide ("PAS") and/or active voluntary euthanasia ("AVE") is inevitable within the short to medium term, given recent developments which have undermined the sanctity of life ethic. Legal factors supporting this assessment include the changing definition of death, the growth of a legallyrecognized right to self-determination extending to the withdrawal of life-support, and the recognition by some courts that life support may be withdrawn without consent because life is considered to be futile. The …