A large manufacturer of medical supplies, Becton Dickinson dominates the market in disposable syringes and needles. Maryann Rockwood (fictional name), a nurse used a Becton Dickinson 5 cc syringe and needle to draw blood from a patient known to be infected with AIDS. Ms. Rockwood worked in a clinic that served AIDS patients; this forces the nurses to draw blood from infected patients several times a day.
On this particular day that she drew blood, she transferred the ADS contaminated blood to a sterile test tube called a Vacutainer tube by sticking the needle through the rubber stopper of the test tube, which she was holding with her other hand. She accidently pricked her finger with the contaminated needle. She is now HIV positive. 1986 Becton Dickinson had acquired rights to patent and manufactures a new syringe invented by Charles B. Mitchell that had a movable protective sleeve around it. The Becton Dickinson 5cc syringe did not have the new guard around it.
In 1988 Becton Dickinson decided not to manufacture and market his product to all sizes of syringes, 1cc, 3cc, 5cc, 10cc syringes, he instead marketed the most common used syringe to save cost, the 3cc syringe was marketed under the name safety-lok, it was a big success as it promoted device that “virtually eliminates needle sticks”. Needle stick injuries account for 80 percent of the reported occupational exposures to the AIDS virus among health care works. In 1991 it was estimated about 64 health care workers were being infected with the AIDS virus each year as a result of needlestick injuries.
While needle stick injuries have a potential to transferring bacteria, HIV, and viruses it also can transmit hepatitis B and hepatitis C virus (DeCarli, 2002). In your judgment, did Becton Dickinson have an obligation to provide the safety syringe in all its sizes? Yes, Needle stick injuries among healthcare workers worldwide had become a threat to the health care industry. Becton Dickinson took the easy way out to protect his company, My judgment is Becton did not use DUE CARE;
The Due Care theory argues that manufacturers have specialized knowledge that consumers don’t so that they are in a better position to appraise risk than consumers are. Thus, they must take reasonable and adequate steps to protect the interests of consumers. The responsibilities of a manufacture would include determining whether the design of a product has any inherent risks that are unacceptable. Safety devices should be incorporated into the design. Production should be conducted so as to eliminate any defective items and warning labels details risks should be attached to every product. Becton Dickinson responsibility was to conduct enough market tests to see if manufacturing the other syringes would help eliminate the risk of needle sticks.
Becton Dickinson alone has the responsibility to look at the risk needle stick has on the health care worker as he alone had the patents. He would not license its new safety syringe technology to another manufacturer that might have produced a full range of syringe sizes, this border on greed, and negligence, in my judgment Becton Dickinson violated Due Care theory. Should manufacturers be held liable for failing to market all products for which they hold elusive patents when someone’s injury would have been avoided if they had market those products?
NO, that is a Pandora’s Box to for years of backlog in our court system mitigating lawsuits of all kinds, In the case of Becton Dickinson, he had an answer that would help healthcare workers and potentially reduce needlestick which are “inherently dangerous” or unavoidably safe”, there decision not to “share the wealth” is a negligent decision, then if manufacturers are guilty in not doing what is ethically right they should be held accountable for their actions.
But in the case of other manufacturers they have a basic moral right to produce safe products for the public, although there are items that are produce that are inheritably dangerous for people i. e. Automobiles, liquor, cigarettes, and guns, we as a people know what the liabilities for such items, if a person get hurt using these items then they take the assume risk that are associated with those products.
References DeCarli, J. J. (2002). Occupational transmission of hepatitis C virus. JAMA 288 , 1469-1471. Manuel Valsquez, C. A. (1996). Thinking ethically A framework for moral decision making. In Issue in ethics (pp. 2-5). Markkula Center.