Abstract
The Bioethical Problems in Applying the Defense Production Act to Pharmaceuticals
Highlights
Since the start of the COVID-19 pandemic, there have been calls for the President to invoke a Korean-warera law, the Defense Production Act (“DPA”), to effectively nationalize the supply of critical medical supplies (e.g., N-95-grade masks, ventilators) and speed up vaccine production
We should reconsider whether the DPA, in its current form, should apply to the pharmaceutical industry
The federal government should create a different process in the DPA, which I call the “Pharmaceutical DPA”, for assessing when to divert pharmaceutical production, perhaps with a goal of preserving the ability to produce drugs for serious illnesses, even if the illnesses are rare
Summary
Since the start of the COVID-19 pandemic, there have been calls for the President to invoke a Korean-warera law, the Defense Production Act (“DPA”), to effectively nationalize the supply of critical medical supplies (e.g., N-95-grade masks, ventilators) and speed up vaccine production. Evaluating the effect of the DPA on Tepezza (teprotumumab-trbw; Horizon Therapeutics), a non-COVID-19 medication, demonstrates how the DPA is not adequately designed to address pharmaceutical manufacturing, and point to a potential need for further legislation.
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