Drug Failures and Drug Addiction - Who Is Responsible?
Saturday, February 23rd, 2008On the FDA, drug companies, and addiction to crack cocaine in Argentina.
The NY Times disputes the Supreme court’s 8-1 decision to prevent liability lawsuits against drug companies if their products have been approved by the FDA. The Times argues that the FDA falls woefully short of ensuring adequate checks against faulty drugs and medical devices, and therefore that drug companies shouldn’t be immune from lawsuits if their products prove faulty. I see the point, but it seems ridiculous. Either the FDA should get out of the way, or it should do its job. Let those who have suffered from faulty drugs or medical devices sue the FDA.
The Times also reports on the scourge of crack cocaine in Argentina. I’ve written about illegal drugs before, arguing that it is irrational to ban some drugs but permit others. I see the point of the mothers and families of those addicted — get the drugs off the streets; keep them out of the hands of our children and the world would be a better place. But I wonder how we can rationally draw distinctions between crack cocaine and, for instance, alcohol.
The distinction seems to be this — crack cocaine has no redeeming or redeemable qualities. As the story suggests, it is inevitably a pernicious substance. There’s no such thing as a recreational user, no such thing as a puff or two. I’ve never tried crack cocaine, so I’m presuming that I can believe what’s written about it. It is so highly addictive that casual, occasional, recreational use is impossible.
Laws, government agencies, police forces… Society sets up institutions in an attempt to protect us and keep us safe. We should expect these institutions to perform the kind of job we assign them, so long as we oversee them and fund them appropriately. But, while institutions should be adequate, they can’t be perfect, and we have a responsibility to ourselves to expect and protect against institutional problems, failures, and shortcomings. Holding the FDA responsible because it has inadequate testing for problematic drugs and medical devices seems appropriate. Suing a drug company because its product wasn’t adequately tested by the FDA doesn’t. On the other hand, if a company knowingly deceived or took advantage of the failings in the FDA, it does seem appropriate that the company also bears responsibility.

Stanely Fish
The other matter that has me scratching my head again today is all the fuss in congress over baseball drug use. Perhaps this is one of those cultural or political gaps that comes from being born and raised elsewhere, but why on earth does the government feel it should spend taxpayers’ money investigating drug use in baseball?
The humanities, along with news media, word of mouth, personal observation, government and independent reports, etc., give us a picture of the world we live in. In some cases, the humanities give us a picture that we couldn’t get in any other way (because it’s purely imaginitive or impressionistic or surreal). I would pose the reverse question to Fish. If humanities don’t serve a purpose, why do they exist?
Barrack Obama