A News of the Day release by the Association of American Physicians and
Surgeons, Inc. on Jan. 20, 2006, reported that the Supreme Court limited
federal interference in medical decision-making. In upholding the Oregon
physician-assisted suicide law in a 6-3 decision, Justice Anthony
Kennedy wrote the majority opinion for the Supreme Court.
To be or not to be - or to seek or not to seek assisted suicide - is a
decision that is up to you, your family, your physician and personal
spiritual beliefs.
What we want to discuss this week is how the recent Supreme Court decision might affect drug ads. Will the rampant, out of control direct marketing of medications to patients and physicians via television, radio, newspapers, magazines and journals push the envelope even further?
A recent editorial in The Journal of the American Medical Association, Jan. 25, notes that the pharmaceutical industry spends 21 billion dollars a year on direct marketing.
With both the drug companies and media gone wild, a total lack of ethics
and morals in our once valued professions, plus greed and corruption
amongst many of our industry leaders, what will the divine TV ads of the
future look like?
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"Ask your doctor if suicide is right for you," branding commercials may
become daily and nightly occurrences. These could be in reference to not
taking or taking your anti-depressant or other psycho-pharmaceutical
medications. Now this in itself wouldn't be so detrimental. But considering the recent Supreme Court decision to allow assisted suicide - will the drug companies develop a whole new line of suicide medications?
Research and development moneys could pour in to develop drugs that kill
faster, better, smoother, easier, more comfortably and with fewer side
affects.
The delivery systems could be refined from intravenous to
intramuscular to oral ingestion to easily applied skin patch. Different
doses for different sized folks could be evaluated. After all, the industry would want to eliminate waste of medication from overkill.
In a related issue in this country, whenever there is a criminal execution, one of the concerns of the anti-death penalty crowd is that the medications are not FDA approved.
Lawsuits are filed because the hazards, risks and side affects are not known and could include not dying. Likewise, there have been concerns over use of needles that are not sterile. Infection can make suicide dangerous.
With the new "assisted suicide" laws in Oregon - which will promptly
spread to other states - pharmaceutical companies might be willing to
invest the time and money to do studies and obtain FDA approval.
Initially the assassination medications would be available by prescription only with dosing limited to licensed trained physicians. With time, after proven successful executions, and when existing patents run out, generic meds will become available at a lower price.
Some states or individuals may prefer to import them from Canada to save a few bucks. That of course raises the customary risks of expired, repackaged or counterfeit drugs. Individuals with Medicare may find the medication not covered under Plan D. Those without Plan D may find the meds too expensive.
Today cars and tour buses already pack the Interstate 5 at Vancouver in
both directions. The Americans are going north for meds and the Canadians are going south for care. Canadians coming here for suicide will have to inquire how soon they will be allowed to return home.
But have no fear. In a decade or so the safe and effective medications
could be sold over the counter at lower doses and lower prices and they could be self administered.
Imagine some of the catchy drug names the marketing folks might invent like EuthaMed, Fastasia, FastMed, Fantasia, HeavenWon'tWait, DeathDesire, WeWon'tWait (W.W.W.), and HeavenScent.
Then look for the splashy tasteless direct drug ads:
* Sleep softly with SoftTrac. Comes with a free CD of love songs along the coast.
* For the best in Euthanasia ask your doctor about EuthWish. Now in easy
opening rainbow packages.
* If you truly love your dying wife try SpouseLSleep. Now in gentle patch formula.
Don't laugh. A decade ago who ever thought there would be the tasteless
erectile dysfunction ads for Viagra, Levitra or Cialis in order to hasten a firm quality experience or weekend orgy.
However, there may be a silver lining in all this nonsense. As noted by AAPS on Jan. 20, those who are concerned about overzealous prosecution of physicians who prescribe opioids (and other legal prescription medications) for pain relief believe that this Oregon ruling may help to rein in overly aggressive U.S. Attorneys.
It is one of the great idiosyncrasies of American life 2006 that our system will allow euthanasia but will incarcerate a physician for treating pain with legal medications.
But should your physician be allowed to prescribe legal pain meds without fear of going to jail, sometime soon, maybe 50,000,000 of you won't suffer - like you do now - and thereby eliminate the need to ask your doctor "if death and suicide is right for you."
Editor's Note: Michael Arnold Glueck. M.D., wrote this week's satire on the drug industry.
Robert J. Cihak, M.D., is a Senior Fellow and Board Member of the Discovery Institute and a past president of the Association of American Physicians and Surgeons. Michael Arnold Glueck, M.D., comments on medical-legal issues and is a Visiting Fellow in Economics and Citizenship at the International Trade Education Foundation of the Washington International Trade Council.