Problem Statement
Ethical values help one to do what is right and help differentiate actions that are morally wrong. In some instances what is legal may turn out to be unethical; therefore, acting ethical go beyond the observance of the law (Holtz, 2016). Considering the case of Gilead Science they had the treatment to HIV/AIDS but faced ethical problems by protecting their interest and helping people. The first moral value in conflict is trustworthiness of the government and agencies that the company was willing to enter into a contract to help distribution of the drug to the developing nations.
Also, the value of fairness was in question in this case. Most people tend to believe that what is fair is that which their own position. As identified in their case, the need to protect intellectual property rights was a problem Gilead Sciences consider to be fair other than protecting life. Most of the people were losing their lives due to the high cost of treatment while they could produce the treatment. A firm is said to be ethical by caring for others and their customers (Ferrell & Fraedrich, 2015). The welfare of others is essential and mainly when the action satisfies the majority of the people. The work of the Gilead sciences to conduct research and solve the world health problem in the best way. They have a responsibility to care for all people, and the new treatment for AIDS was supposed to meet caring responsibility (Saha, 2015). Failure to develop a proper and faster way to reach the patient conflicts the ethical part of the organization.
The ethical problem emerges first due to lack of proper authorities in the developing nations that would help Gilead Sciences in the distribution of the medicines. As mentioned in the case, this was the biggest challenge and time was needed to register the drug in countries so that it would be accepted. Also, the guidelines to record the drugs under the WHO was also a challenge to reach the places where HIV was a national threat. Some of the countries required payment to register the drugs which called for extra expenses and that which was not planned. The delaying of the processing of the payment made it hard for the organization to care for the sick as well as acting ethically.
The conflict of fairness and trustworthiness raised due to self-interest and protection of Gilead Sciences. The fear that other nations will offer compulsory licenses to the local producer who would be able to manufacture the drugs with low prices. Being the leader in finding the treatment, they are entitled to patent protection, but due to the severity of the situation in some countries, it would call the government to offer compulsory licenses. Additionally, they feared to lose their market like USA and Europe where they had a bigger market, if the generic drugs were manufactured. The decision to do what is right and maintain future sustainability in the market was a hard decision to make.
Analysis using ethical theory or schema
Ethical values and the act of determining what is right or wrong depend on different theoretical model and approaches. The moral value in conflict in the Gilead Sciences includes the trustworthiness in distribution and ability to maintain a steady supply under the watch of the activists. Considering the consequentialism theory which focusses on the consequence of an action, the best response was to supply to the best of their ability despite the criticisms. According to the utilitarian approach, the action could be described as good or bad depending on the degree of pleasure and the pain it brings to people. So, the fear of criticism from HIV activist delayed the action of distribution of the drugs (Mill, 2016). The result of the action can be termed as wrong since the more time they took, the more pain they caused to the suffering patients. The best thing to have been done was to work to the best of their capability and minimize the distress in the societies.
The common good approach as an ethical measure of the best action to be taken emphasis on showing compassion for others and particularly those who are more vulnerable (Johnson, 2018). In the case, the Gilead sciences have a sense of sympathy with the developing countries that were suffering from the epidemic. The common good approach in the case would be being fair with those who were suffering and performing their caring duty to the world by reducing their interest on protection and as leaders in manufacturers and protect deaths.
Looking the case in the perspective of a duty based approach that is referred to as deontological ethics emphasis on personal will and intention to do the right thing. The ethical action is the one taken from the duty which is to do the right thing (Johnson, 2018). All the medical and research institutes that have to care and protect the patient they must make sure fairness and customer care is their aim. Their action is determined by accomplishing and offering the best care for the patient and society. Prioritizing self-interest over the duty mandated to Gilead Sciences makes their action unethical.
Basing the argument on the virtual ethic approach that emphasis the person life rather than the action. In this case, considering the organization and attainment of the virtue, they showed to be acting ethically. Despite that the production cost of the drugs to the developed countries, they still felt their duty and sole responsibility to help to other countries that were economically challenged. Also, they were very strategic to reach the person in need, and some use of the government to supply the medicine did not show much yield since they would end up in private institutions. The observance of virtue ethics and the will to act virtually indicates that the organization serves right and intended to get and help the victims.
Recommendations for solution to the problems
The best option in observance of fairness should ensure that the action that reduces pain is the best action (Wood, 2014). The organization could have considered setting out a manufacturing operations in the countries that they could be able to produce the generic drugs at a lower price. That will be fair to these countries that cannot be able to pay high costs for the treatment. Also, the partnership with firms that were provided with compulsory licenses and be part of the production operation (Wood, 2014). That will be able to protect the firm and also get lower prices to supply them. In collaboration with varies agencies and other institution that can produce drugs, they were likely to have a stable supply thereby avoiding criticism from the activists. That would help to establish better care to the world.
Reach out to the professionals involved in the production and administration of drugs could help develop quick and better strategies to act on the issue. The professional bodies will help advice on the best way that they can ensure proper distribution channels to all people across the world (Rismani et al., 2014). For instance, in the developing nations, they are supposed to corporate with professional bodies to come up with local distribution strategy of the medicine. Also contracting the private entities as the local distributors will help in protecting the drugs getting to the wrong hands.
The merging with other institutions outside the United States will be helpful since the Gilead sciences would be able to access cheap raw material to provide the medicines at a lower cost in the short-term (Johnson, 2018). That would be able to solve the problem high price variances in the developing and the developed nation and making their services for all people fairly (Thakur & Katoch, 2017). Also, the same recommendation would help the organization to be sustainable in the long run and also widen their knowledge to help the developing world with medical challenges. Also contracting the professional bodies to aid in the distribution help in developing strategies that are easier and quicker to reach the people in need. Even collaboration with the agencies like the WHO ensures that the quality is guaranteed to all the people and that the FDA has approved the treatment provided there prohibiting some firms to produce the generic drugs. Working with the agency like WHO and non-governmental organizations make it easy to reach out the people who are affected by HIV/AIDS (Jonas, 2017). In future, it will be comfortable in case they have another invention and have a problem of distributing, they will be able to develop a plan with the help of the partners.
References
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https://www.amnhealthcare.com/latest-healthcare-news/10-Best-Practices-Addressing-Ethical-Issues-Moral-Distress/
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Johnson, C. E. (2018). Organizational ethics: A practical approach. Sage Publications.
Jonas, H. (2017). Responsibility today: The ethics of an endangered future. In Global Ethics and
Moral Responsibility(pp. 23-36). Routledge.
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