Professional Documents
Culture Documents
S
Managing Editors Yifan Chen, Jaymin Patel ystematizing how a population receives health is extremely complicated. We no longer live
Swati Yanamadala
in a world in which treatment is the responsibility of doctors paying home visits to indi-
Senior Editor Rebecca Linfield
vidual patients. The role of globalization has made the notion of health as an interconnected
Content Editors Lara Fourman, Tobias Kuehne global system much more important. Healthcare delivery is largely a process in which govern-
Ben Liu, Alison Pease
ments, NGOs, large private donors, and individuals navigate law, culture, business, and politics
Layout Director Cynthia Jin to provide as many citizens with the highest quality of care possible.
Graphics Director Lucia Tang In this issue of the YJML, we explore the global healthcare system in snapshots. We cover
Research Director Varoon Bashyakarla KRZGLIIHUHQWFRXQWULHVDQGRUJDQL]DWLRQVKDYHGHDOWZLWKVSHFLÀFKHDOWKLVVXHV)RUH[DPSOH
Business Directors Byron Edwards, Yuning Liu
the response to the HIV epidemic has been quite different in Brazil and in Russia largely due
to how treatment of the disease was incorporated into the larger healthcare infrastructure. The
Distribution Director Parker Collins issue of culture and healthcare has also shaped delivery in many places and we examine the
Development Director Courtney Rubin situation in the Middle East where gender norms play a large part in health.
Online Media Directors Aubrey Alleman, Julia Goldberg Law and medicine intertwine very relevantly in terms of health systems. This is seen in
Staff Writers Connie Cho
PDQ\FDVHV³WKHVWULFWOHJDOUHTXLUHPHQWVIRUDVVLVWHGUHSURGXFWLRQLQ)UDQFHWKHYDULHW\RI
Paulo Coelho Filho medical malpractice lawsuits around the world, and the response by the Women on Waves
Jenny Mei, Ben VanGelder organization to sidestep abortion laws in certain countries are but a few instances that we
Annie Wang, Vincent Yu
touch on. Moreover, health systems are driven by business and markets. The international
Board of Robert A. Burt, JD, MA
Advisors Alexander M. Bickel pharmaceutical companies that are slowly creeping into the markets of the developing world
Professor of Law are a prime example of how healthcare is changing quickly in resource-poor nations. We look
Yale Law School
at the lack of essential medicines and the way that pharmaceutical expansion may abet access
Thomas Pogge, PhD. to higher quality health for millions.
Professor of Philosophy
and International Affairs ,WLVXOWLPDWHO\GLIÀFXOWWRGHFODUHZKLFKKHDOWKFDUHV\VWHPLVWKH´EHVWµDQGWKHUHLVVRPH
Yale University truth to the idea that no one system will be best for any individual. We take the opportunity to
Carl Zimmer, look in depth at the WHO’s attempt to rank the healthcare systems of the world and identify
Author, Journalist
ÁDZVLQLWVÀQGLQJV/DVWO\ZHDUHGHOLJKWHGDQGKRQRUHGWRSUHVHQWWR\RXRXUFRYHULQWHUYLHZ
Howard P. Forman, MD, ZLWK'U)UDQFLV&ROOLQVWKH'LUHFWRURI WKH1DWLRQDO,QVWLWXWHRI +HDOWK7KHLQWHUYLHZZLWK
MBA
Professor of Diagnostic 'U&ROOLQVLVZKROO\UHOHYDQWWRQDWLRQDODQGLQWHUQDWLRQDOKHDOWKFDUHDVWKH1,+·VUHVHDUFKLV
Radiology and pioneering the global health landscape. We end this issue with two entertaining anecdotes that
Healthcare Economics
elucidate health, sickness, and the globe.
Sharon Terry, MA
President, CEO of As always, the YJML dedicates itself to accurate, compelling, and informative journalism
Genetic Alliance that will facilitate and encourage a dialect of health politics and policy within the larger Yale
Founder
Theodore Long community. The writing, editorial, research, layout/design, and business staffs have put in
many hours to make this issue possible and I would like to thank them for their work.
2 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
Landmarks in
International
Health Care
WHO declared World AIDS Day SARS
1945
1988
2003
1979
1948
United Nations World Health
formed under Organization was that human established to pro- outbreak
President Harry founded under the smallpox had mote research and declared.
Truman in April United Nations. been eradicated. to reduce stigma.
BY MOLLY PATTERSON
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 5
Marketing Services (IMS), an organiza-
tion that monitors the pharmaceutical
industry, the global pharmaceutical mar-
ket will grow 5-7% in 2011 to $880 bil-
lion, largely because of pharmaceutical
companies based in emerging markets.
However, unless changes are made to
international patent laws and countries’
RZQHFRQRPLFLQHIÀFLHQFLHVWKHVHFRP-
panies are unlikely to meet their full po-
tential.
%HFDXVHWKRVHDIÁLFWHGE\WKHZRUOG·V
BY MITCHELL MURDOCK most devastating diseases almost always
ODFN VLJQLÀFDQW SXUFKDVLQJ SRZHU PRVW
pharmaceutical companies believe drugs
The Growth of
International
Pharmaceuticals
The promises and challenges of pharmaceutical
start-ups in developing economies
6 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
RI PHGLFDO UHVHDUFK )RU H[DPSOH DF- on the market. This potential to create panies in emerging markets spend rela-
cording to a paper published in Health solutions to global health through sus- tively little on marketing, their drugs are
Affairs, of 1,556 new drugs approved tainable entrepreneurship provides a VLJQLÀFDQWO\ FKHDSHU WKDQ WKRVH RIIHUHG
between 1975-2004, only 21 (1.3%) tar- much-needed response to previously ig- by most multinational pharmaceutical
geted tropical diseases that affect 15% nored diseases. companies. However, emerging phar-
of the world. This contributes to what By developing new, affordable medi- PDFHXWLFDOFRPSDQLHVDUHVWLOOIRUSURÀW
WKH *OREDO )RUXP IRU +HDOWK 5HVHDUFK cines for diseases largely ignored by mul- Peter Singer, director of the McLaugh-
calls the 10/90 gap, the uncomfortable tinational pharmaceutical corporations, OLQ5RWPDQ&HQWUHIRU*OREDO+HDOWKDW
observation that only 10% of medical these companies offer hope for change the University of Toronto, explains in a
research addresses 90% of the world’s to millions of people. Their business paper published in Nature Biotech last
problems. PRGHOLVVWUXFWXUHGVRWKDWSURÀWVIURP \HDU´7KHVHORFDOFRPSDQLHVEDVHWKHLU
However, this global health disparity cheap, generic drugs are reinvested in business model on affordable innovation
is due to change with the advent of phar- QRYHOUHVHDUFK)RUWKLVUHDVRQPDQ\RI WRPHHWORFDOQHHGV·µ
maceutical companies based in emerging these companies are described as tran- Singer, who describes his research in-
markets. These companies have the sci- VLWLRQLQJ IURP ´LPLWDWRUVµ WR ´LQQRYD- WHUHVWVDV´KRZWHFKQRORJLHVPRYHIURP
HQWLÀFDQGPDUNHWLQJFDSDFLW\WRDGGUHVV WRUVµ ODEWRYLOODJHµHPSKDVL]HG´2QHWKLQJ
the health needs of local populations; The remarkable promise of these is clear: when you think of biotechnol-
some even say they have the potential companies is their ability to meet a mar- RJ\ LW·V QR ORQJHU MXVW 6DQ )UDQFLVFR
to become major global competitors. In ket niche. Part of why multinational Boston, London and Tokyo. It’s also Hy-
the same study from Health Affairs, of pharmaceutical corporations’ drugs are derabad, Shanghai, and Sao Paulo. While
SURÀOHG ELRWHFKQRORJ\ FRPSDQLHV prohibitively expensive is the compa- in the emerging economies it is still in
KRPHJURZQLQ%UD]LO&KLQD,QGLDDQG nies’ marketing costs; these companies its adolescence, biotechnology is no lon-
South Africa, 123 new products have are criticized for spending as much on ger the sole hegemony of the rich world.
been produced, 69 of which are already marketing as on research. Since com- Biotechnology innovation is becoming >>
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 7
search—is the abrasive system of inter-
national patent law that often inhibits
their success. By excessively patenting
resources, multinational pharmaceutical
companies prevent new companies from
creating new products. The World Trade
Organization’s agreement on Trade-Re-
lated Aspects of Intellectual Property
Rights (TRIPs) attempts to remedy this
GLVSDULW\ E\ FUHDWLQJ D ´EDODQFHµ EH-
tween innovation and social progress.
However, critics argue that TRIPs hasn’t
actually improved global health. Joseph
Stiglitz, 2001 Nobel laureate in econom-
ics, wrote an article in the British Medical
-RXUQDO FDOOHG ´6FURRJH DQG LQWHOOHFWXDO
SURSHUW\ULJKWVµLQZKLFKKHDUJXHGWKDW
intellectual property rights reduce access
to generic medicines. This has direct rel-
ABOVE An x-ray from a patient with advanced bilateral pulmonary tuberculosis; the disease affects 13.7 million people world- evance to pharmaceutical companies in
emerging markets because it makes it
> JOREDOL]HGµ HPHUJLQJPDUNHWVRIWHQODFNVXIÀFLHQWO\ XQOLNHO\WKHVHÀUPVFDQFRQWLQXHWRFUH-
´:KDW \RX FDOO D QHJOHFWHG GLVHDVH trained personnel. Without specialized ate the new generic drugs that help drive
,FDOODEXVLQHVVRSSRUWXQLW\µVD\V)HU- WUDLQLQJ SURJUDPV DQG ´DFDGHPLF PRG- WKHLU SURÀWV 3DUDGR[LFDOO\ SDWHQW ODZ
nando Kreutz, president of Brazilian HOVµ RI XQLYHUVLW\ SUHSDUDWLRQ PDQ\ which intends to encourage innovation
ELRWHFKQRORJ\FRPSDQ\).%LRWHFQROR- ÀUPVDUHQRWDGHTXDWHO\VWDIIHGZLWKDS- and growth, inhibits development. MIT
gia. One company, for instance, hopes to propriately trained scientists. OLQJXLVW 1RDP &KRPVN\ ZULWHV ´7KH
develop a $25 tuberculosis test to replace Promising steps have been taken to World Trade Organization regime insists
the existing $150 version. combat these multifaceted problems. Dr. on product patents…it’s intended to cut
Because these companies meet a mar- 6LQJHUSURSRVHVD´*OREDO+HDOWK$FFHO- back innovation, growth, and develop-
ket need with products that are both HUDWRUµWRSURYLGHD VWUXFWXUHIRU FRP- ment and to maintain extremely high
effective and affordable, many predict munication that would improve links be- SURÀWVµ
these companies will become global tween the international community and Others suggest that it is too early
FRPSHWLWRUV $FFRUGLQJ WR 6DUDK )UHZ pharmaceutical companies, including to determine the impact of TRIPS on
RI WKH 0F/DXJKOLQ5RWPDQ &HQWUH public-private partnerships and business emerging pharmaceutical industries.
´&RXQWULHV VXFK DV &KLQD DQG ,QGLD support services. The plan even includes According to one paper published by
are emerging as major global players in DQDQQXDOSUL]HWKH´*OREDO+HDOWK(Q- &RQFHSW )RXQGDWLRQ DQ RUJDQL]DWLRQ
health biotechnology, with the expertise WHU3UL]HµWRHQFRXUDJHUHVHDUFKZLWKDQ WKDW´VXSSRUWVWKHLQWURGXFWLRQDQGSUR-
and resources to produce new drugs and impact on global health. motion of essential healthcare products
vaccines at a fraction of the costs of the DURXQG WKH ZRUOG IRFXVLQJ VSHFLÀFDOO\
ELJSKDUPDFHXWLFDOFRPSDQLHVµ on under-served markets in low-income
FRXQWULHVµ VRPH GHYHORSLQJ ELRWHFK
Despite these companies’ promise What you call a neglected
of bringing new opportunities to the companies may choose to focus their ef-
world’s sickest, their progress is impeded disease, I call a business forts globally rather than on local health
by stringent patent laws and structural needs, a shift precipitated by the struc-
opportunity.
economic problems. Partly this is domes- ture of patent law.
WLFLQHIÀFLHQF\LWFDQWDNHWKH%UD]LOLDQ Fernando Kreutz
It is refreshing to see companies in
SDWHQWRIÀFHRYHUVHYHQ\HDUVWRSURFHVV FK Biotecnologia (Brazil) developing markets identify a potentially
patent applications for drug candidates. OXFUDWLYHPDUNHWWKDWEHQHÀWVWKHZRUOG·V
5HJXODWRUV LQ WKH SDWHQW RIÀFH RIWHQ VLFNHVWSHRSOH+RSHIXOO\SURÀWPDUJLQV
lack practical experience, which com- Perhaps more disconcerting than will continue to enable these companies
pounds the problem. Equally pernicious, these companies’ internal problems— to work on their behalf.
however, is the lack of a high number which most analysts call relatively minor
RI WUDLQHG VFLHQWLVWV %LRWHFK ÀUPV LQ JLYHQWKHSURPLVHRI WKHLUVFLHQWLÀFUH- Mitchell Murdock is a freshman in Morse College.
8 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
Methodology of
WHO Healthcare Rankings
BY GIANNA FOTE
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 9
> actly twice as long—it is in large part be-
cause it spends exactly 35 times as much
SHUFDSLWDLQLWVKHDOWKV\VWHPVµLQGLFDW-
ing that the WHR assumes that medical
resources correspond directly with bet-
ter health and life expectancy. However,
in addition to medical resources, a na-
tion’s birth rate, cultural factors, sanita-
tion, eating habits, and general standard
of living contribute to its mortality rate
as well. The true causes are rooted in
economic prosperity and overall increase
in quality of life, outside of any medical
lifesaving techniques.
Even if one accepts the WHR’s as-
sumption that death rate is an accurate
indicator of medical effectiveness, the
statistical methods used to describe a na-
tion’s mortality are controversial and sel-
dom used outside the WHR. The WHR
used the Disability Adjusted Life Expec-
tancy (DALE) rate of a country to de-
termine the mortality rate. The DALE
ranks disabilities, and has often been ac-
cused of undervaluing the lives of dis-
abled people. The WHR assumed that
mortality rates correspond with health
care quality, and based their mortality
statistics on a controversial model.
7KHVHFRQGLQGLFDWRUZDV´IDLUQHVVµ
)DLUQHVVUHIHUVWRWKHHTXDOLW\RI DFFHVV
to health care resources. The measure
of how fair a system was based on the
controversial assumption that the pro-
portion of money a person spends on
their health care to non-food expen-
ditures should be equal for all citizens ABOVE Critics of the World Health Rankings argue that other social and economic factors aside from medical resources greatly
of a nation. This system assumes that influence mortality rates. 1.1 billion people lack proper access to water, and 2.6 billion lack sufficient sanitation. The 2006 United
the rich will spend more and make up Nations Human Development Report estimates that 1.8 million children die annually as a result of diarrhea due to poor water.
for the poor spending less. In this case,
the poor would spend very little because The third indicator the WHR used given in the report and the fear is that
they can’t afford medical expenses, and ZDV ´UHVSRQVLYHQHVVµ RU D KHDOWK FDUH they may have had a disproportional in-
the rich spend exorbitant amounts of system’s ability to protect a person’s dig- ÁXHQFHRQWKHUDQNLQJV7KHNH\LQIRU-
money on luxury procedures. Since the nity, providing prompt care and a choice mants were pulled from only 35 out of
proportions would be equal, this system of provider. This indicator deals most the 191 nations, and over half of them
ZRXOG EH GHHPHG ´IDLUµ E\ WKH :+5 directly with customer satisfaction, and were WHO staff.
Where and on what sort of health care it seems safe to assume that the best in- 7KH :+2·V ´SHUIRUPDQFHµ UDQNLQJ
one’s money is spent is an essential is- dication of how well patients are treated is the sum of three weighted indicators,
sue that is not addressed in this ranking. by the system would come from patients. the effectiveness of the system, the de-
Also, this system does not differentiate However, the WHO calculated their JUHH RI ÀQDQFLDO IDLUQHVV DQG WKH UH-
between racial, ethnic, gender, age, or UDQNLQJV E\ KDQG SLFNLQJ ´NH\ LQIRU- sponsiveness of the system to the user.
social status divisions, so while the over- PDQWVµZKRGHWHUPLQHGWKHYDOXHVDQG These indicators are unconventional and
DOO ´IDLUQHVVµ RI D SRSXODWLRQ FRXOG EH weights of the indicators that made up vague to begin with, and weighing and
ranked highly, a small subgroup could be ´UHVSRQVLYHQHVVµ /LWWOH LQIRUPDWLRQ RQ synthesizing them into a single measure-
grievously mistreated. WKHLGHQWLW\RI WKHVH´NH\LQIRUPDQWVµLV ment further obfuscates the meaning of
10 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
ABOVE G-7 countries, shown here in dark orange, heavily fund and influence the World Health Organization.
the results. Ranking healthcare sys- the limitations of their rankings, and ZLOOEHQHÀWWKHULFKDQGVHYHUHO\UHVWULFW
tems on only one all-encompassing mea- inform the reader of the fact that these the poor’s access to health care.
VXUHPHQW JURVVO\ RYHUVLPSOLÀHV WKHLU values and assumptions are not univer- In the decade since the WHR’s pub-
true complexities. sally held. The WHR could guide policy- lication, it has both helped and harmed
In addition to the issues with the in- making in nations where promotion of a WKH LQWHUQDWLRQDO FRPPXQLW\ &LWLQJ WKH
dicators used, the WHR’s data is incom- private provider system could be disas- rankings without careful analysis of how
plete. This forced the WHO to make they were developed has proven ex-
estimates for much of their data. Usu- tremely misleading, but several big pic-
ally, when estimates are made, old data While there may not be a ture ideas from the report have contrib-
is taken into account, and the statistics uted to health care in a positive way. The
are thoroughly peer-reviewed by statisti- ‘perfect’ way to rank health rankings themselves have generated in-
cians. Since the indicators and data used care systems, the WHO terest in comparing health care systems,
here is either seldom used or new alto- and the debate over the credibility of the
gether, there was no old data to compare. needs to at least explicitly WHR’s statistics has stimulated new re-
2I WKHDUWLFOHVWKDWZHUHFLWHGDIÀUP- acknowledge the limita- search and analysis projects to clarify and
ing the methodologies in the report, 26 LPSURYHWKHGDWD)RUH[DPSOHWKHLVVXH
were non-peer reviewed internal WHO tions of their rankings, and of mortality rates not corresponding to
documents by the authors of the WHR. inform the reader of the health care quality has been addressed by
Since the nations ranked in this report beginning to collect data on deaths from
are from all different cultural and eco- fact that these values and causes that are preventable with timely
nomic histories and situations, it should assumptions are not univer- and effective medical care. The WHR
be necessary to examine improvement has created a discussion of the relation-
RYHU WLPH WR DVVHVV WKH ´SHUIRUPDQFHµ sally held. ship between the government and health
of a health care system. However, the care, and the concept that the govern-
:+5 VWDWHV WKDW ´GHWHUPLQLQJ KRZ ment is responsible not only for provid-
to evaluate progress rather than only a WURXV%\UDQNLQJ&RORPELD·VSULYDWHLQ- ing resources, but managing those re-
health system’s current performance is surance system (modeled after the U.S.) sources and ensuring results. The WHR
one of many challenges for future ef- highly, the WHR suggests that other Lat- continues to inspire discussion about
IRUWµ DQG LW LV QRW UHDOO\ WDNHQ LQWR DF- LQ$PHULFDQQDWLRQVVKRXOGWDNH&RORP- how to improve health care in the U.S.
count in the rankings. bia as an example. However, in nations and abroad, despite the limitations of
While there may not be a ‘perfect’ way where there is a large gap between the the report itself.
to rank health care systems, the WHO upper and lower classes and no robust
needs to at least explicitly acknowledge middle class, a private health care system Gianna Fote is a freshman in Pierson College.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 11
RIGHT Polio, which had
once been eradicated from
Western Africa, has recently
returned. Here, a young girl
receives an oral polio vaccine
by a few, simple drops to the
mouth. Julian Harneis/Flickr.
Developing nations struggle to provide its citizens with the World Health Organization’s “Model List” of
essential medicines like ibuprofen and penicillin, especially in light of the recent economic crisis.
12 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
from obtaining adequate health care. Al- tion of essential medicines are even ÀQDQFLQJ VWUDWHJLHV WR VLJQLÀFDQWO\ GH-
though both public and private groups more pronounced in the availability of crease the price of essential medicines in
KDYH LQYHVWHG VLJQLÀFDQW UHVRXUFHV WR- treatments for chronic diseases than developing nations. Alternatively, local
ward the alleviation of these inequalities, for acute diseases. In Africa, countries production of these drugs is seen as a
much work remains to be done. have, on average, nine times the amount potential path toward achieving adequate
Essential medicines vary in nature. of resources for acute diseases than for availability.
They can include vaccines, treatments chronic diseases, yet chronic disease ac- This latter system has already encoun-
for chronic and acute diseases, and items counts for 25% of the mortality in the WHUHGVHYHUDOGLIÀFXOWLHVLQUHJLRQVZKHUH
for emergency preparedness. Popula- FRQWLQHQW )DLOXUH WR WUHDW WKHVH FRQGL- it has been implemented. In Africa, local
tion health needs are not homogenous, WLRQV LQWURGXFHV VLJQLÀFDQW ORQJWHUP drug producers face challenges in receiv-
however, and thus each nation’s gov- economic strains on individual house- LQJ RIÀFLDO UHFRJQLWLRQ IURP RUJDQL]D-
ernment ultimately must be responsible holds and on the economy at large. By tions such as the WHO and the United
for the construction of its own list of impairing the ability of individuals to 6WDWHV )RRG DQG 'UXJ $GPLQLVWUDWLRQ
essential medicines. The World Health sustain jobs for extended periods of )'$:LWKRXWWKLVUHFRJQLWLRQWKHVH
Organization (WHO) assists nations in time, chronic disease shatters the eco- companies are cut off from major sourc-
the production of their lists by compil- nomic stability of individual households, HV RI ÀQDQFLQJ UHFHLYHG WKURXJK WKH
LQJD´0RGHO/LVWµRI PHGLFDWLRQV7KH which cumulatively serves to weaken the :+2 DQG )'$ DVVRFLDWHG JURXSV OLNH
power behind the WHO’s list lies in entire economy of developing nations. WKH*OREDO)XQG)XUWKHUPRUHWKHSUR-
three major areas: the comprehensive- )XUWKHUPRUHWKHULVHRI PXOWLGUXJUH- FHVVHVWRFRQÀUPWKHDGHTXDF\RI ORFDO
ness, the inclusion of only cost-effective sistant strains of acute diseases, such drug products and active ingredient sup-
treatments, and the up-to-date content. DV 0'57XEHUFXORVLV KDV VLJQLÀFDQWO\ plies are often too expensive for these
This list provides important guidance, decreased the impact of the more avail- local groups. These roadblocks prevent
oversight, and standardization for many able acute treatments, thereby rendering ORFDO GUXJ SURGXFWLRQ IURP EHLQJ D À-
countries in terms of which medicines the difference in treatment availability nancially superior alternative to produc-
should be prioritized. for acute and chronic drugs even more tion elsewhere.
Even with a list of essential medi- strenuous to developing nations. Increased research and development
cines, developing nations are consistent- DQG D ´SRROHG UHVRXUFHVµ DSSURDFK WR
ly unable to provide for the needs of its drug acquisition have also been proposed
patients. High prices and low availability In Africa, countries have, as possible solutions to this essential
in both the public and private sectors medicines crisis. Encouraging research
on average, nine times
combine to make these drugs largely and development on diseases primar-
inaccessible to the lowest income popu- the amount of resources LO\ DIÁLFWLQJ WKHVH ORZLQFRPH QDWLRQV
lations. The WHO calculated shocking could potentially result in more cost-ef-
for acute diseases than
reference prices that showed the cost IHFWLYH GLVHDVH WUHDWPHQW 7KH ´SRROHG
that individual nations must pay relative for chronic diseases, yet UHVRXUFHVµ DSSURDFK SURSRVHV WKDW QD-
to this standardized value. Public health tions collaborate to purchase drugs in
chronic disease accounts
facilities in poor nations face prices at cases where they otherwise might not
around 270% of the international refer- for 25% of the mortality in qualify for discounts of purchasing these
ence price and on average have access to drugs en masse. In fact, members of
only 42% of essential medicines. While
the continent. WKH2UJDQL]DWLRQ RI (DVWHUQ&DULEEHDQ
the private health sector has increased States, including nine island nations,
access to essential medicines by 64%, The global economic crisis resulted have already adopted this procedure with
private providers’ 630% markup of the in funding cuts to basic healthcare. Yet much success, seeing prices reduced by
international reference price prevents from 2008 to 2009, pharmaceutical as much as 44%. This offers much hope
this increased availability from being of prices rose 5% in high-income countries for its adoption by other groups of na-
DQ\ EHQHÀW WR WKH SRRU 5DWKHU KLJK and 11% in low-income countries. In the tions throughout the world.
costs force developing nations to devote face of such bleak circumstances, how- With both individual health and gen-
most of their resources simply to the at- ever, both public and private organiza- eral economic viability at stake, immedi-
tainment of medicine, money which in tions are striving to reverse the growing ate attention must be devoted to pro-
developed nations is employed toward disparities in access to essential medi- viding adequate essential medicines to
better technology and more advanced cines between rich and poor nations. developing nations. We can no longer
treatment options. This further aggra- Several economic strategies are being allow situations such as the Guatemalan
vates the vicious cycle of high prices and employed to this end. Groups such as ´ORWWHU\µIRU$,'6PHGLFDWLRQWRSHUVLVW
low availability in the developing world. WKH*OREDO)XQGWR)LJKW$,'67%DQG
These inadequacies in the distribu- Malaria are working to create alternative Anna Bozik is a sophomore in Trumbull College.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 13
International
Organ TransplaBY RONIT ABRAMSON
Policymakers around the world struggle to hem in the black market of organ donation.
14 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
antation
Austria (opt-out) both have high rates of
donation, while Germany (opt-in) and
Sweden (opt-out) both have low rates.
The policies in other countries serve
as a salient reminder of the value of
individual self-determination. In many
FDVHV LW LV PRUH HIÀFLHQWWR RUFKHVWUDWH
massive public education and awareness
campaigns about organ donation instead
RI ÀJKWLQJ WKH OHJDO EDWWOHV DVVRFLDWHG
with a policy change.
International policy varies from coun-
try to country, but ultimately the shortage
is universal, and hundreds of thousands
of people around the world are waiting
for an organ. Thus, there is a need for
changing cultural norms regarding organ
donations: By simply reminding people
that they have the individual power to
save a life by signing up as an organ do-
nor, we may save many lives while cur-
tailing the activity on the black market
for organs.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 15
Medical
Malpractice
How Medical Lawsuits are Won Around the World BY CATHERINE CHEN
An analysis of the relationship between malpractice law and medicine in the US, Canada, and Germany.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 19
When Government Health Care Meets Citizen Involvement: I n September of 2000, all 192 mem-
ber nations of the United Nations
HIV Epidemic
of gender equality, the right to universal
child health care and universal maternal
health care, the combat of HIV/AIDS,
the achievement of environmental sus-
tainability, and the development of last-
BY ANJALI BALAKRISHNA ing foundations for global partnerships.
20 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
LEFT Brazilian President Luiz Inácio Lula da Silva was and medical resources for Brazilian citi-
presented with the UNAIDS leadership award by Mr Michel ]HQV )XUWKHUPRUH ZKHQ DQWLUHWURYLUDO
Sidibé, UNAIDS Executive Director on World AIDS Day, 1
drugs (ARVs) began to show promise
December 2010. Brasilia, Brazil. Photo from UNAIDS
in the treatment of HIV/AIDS in 1996,
the Brazilian Ministry of Health prom-
While these goals were generally broad ised free provision of ARVs to any citi-
in scope, one stands out as strikingly zen living with HIV.
VSHFLÀF³WKHQHHGWRFRPEDWWKHGLVHDVH In 2003, the government also launched
HIV/AIDS. an extensive awareness and advertising
The United Nations estimates that campaign encouraging HIV testing. The
about 36 million people worldwide are FDPSDLJQZLWKWKHVORJDQRI ´)LTXH6D-
infected with HIV. The causes of the vi- EHQGRµ´EHLQWKHNQRZµIHDWXUHGFH-
rus’s transmission are varied, from sexual lebrities imploring citizens to determine
contact to intravenous drug use. Treat- their HIV status. In the end, by bring-
ment options exist, but are often expen- ing together grassroots programs and
VLYH DQG GLIÀFXOW WR DGPLQLVWHU WR WKH government resources, citizens of every ABOVE The “Fique Sabendo”, or “Be in the Know” campaign
masses of infected people in under de- socio-economic status were made aware featured celebrities requesting that citizens determine their
veloped nations. However, one nation— of the disease and were provided with HIV positive or negative status.
Brazil—has managed to tackle its HIV health care if needed.
epidemic with a combination of pre- In addition to establishing a powerful EDVLFGLVHDVHÀJKWLQJWHQHWVDVWKH+,9
vention and treatment. The promise of model for high-quality prevention and program—education and treatment.
Brazil’s HIV program can serve not only care in low-income settings, Brazil pro- With the government’s emphasis on the
as inspiration for other nations, but also vided technical assistance and support to disease, the number of Brazilians able to
as a model for treating other epidemics, HIV treatment and prevention efforts in get treatment for TB increased from 34
such as tuberculosis (TB), within Brazil. Mozambique, Angola and other African percent to 75 percent, according to the
As in many nations, the HIV epidemic countries. As a result, Brazil was recog- WHO.
PDGHLWVÀUVWDSSHDUDQFHLQ%UD]LOLQWKH nized globally for its successful, innova- In March 2009, Brazil’s Minister of
early 1980s, when Brazil was in a state of tive response to AIDS. In 2003, the Bra- Health, José Gomes Temporão, an-
SROLWLFDOÁX[+RZHYHUDIWHUWKHSDVVDJH zilian Ministry of Health was awarded nounced new plans for TB control and
of time and a great deal of partnership the Gates Award for Global Health by Multi Drug Resistant TB (MDR-TB)
between the government and grassroots WKH%LOO 0HOLQGD*DWHV)RXQGDWLRQ SUHYHQWLRQDWWKH6WRS7%3DUWQHUV·)R-
organizations, Brazil’s decreased HIV Having brought its HIV epidemic un- rum in Rio de Janeiro. At the conference,
rate is now considered one of the great- der control, Brazil has since turned to Temporão pledged to reduce the inci-
est success stories of HIV containment. tackle another of its greatest health con- dence of TB until Brazil was removed
2QFH WKH ÀUVW %UD]LOLDQV ZHUH GLDJ- cerns – tuberculosis. USAID notes that from the WHO’s high-burden list. These
nosed with the disease in 1982, social Brazil has the 14th highest incidence of new commitments will focus on improv-
activist groups soon appeared, offering TB in the world, with an estimated inci- ing TB control, scaling up services, and
places of solidarity as well as guidance dence of 48 cases per 100,000 residents. creating and adopting innovative preven-
for HIV positive citizens. Organizations As with HIV, the government’s uni- tion and treatment strategies.
VXFKDV*UXSR3HOD9LGGD´*URXS)RU versal health care program theoretically The success story of HIV treatment
/LIHµ RIIHUHG %UD]LOLDQV ZLWK +,9 D covered tuberculosis treatment. How- in Brazil offers guidance to other, less
place to interact with other HIV-positive ever, as tuberculosis became an epi- developed nations that are battling this
members of society. Government in- demic in Brazil, the resources, political disease. Moreover, the experience with
volvement followed closely afterward. commitment, and coordination were HIV currently informs Brazil’s own ef-
When democracy was restored to the na- outmatched by the need for treatment. forts to combat a high incidence of tu-
tion in 1985, a new focus on civil rights, Since 2003, the government of Brazil berculosis. To be sure, the Brazilian HIV
DQG VSHFLÀFDOO\ KHDOWKFDUH ULJKWV ZDV has worked to ameliorate the country’s movement has demonstrated that a dis-
FRGLÀHG LQ WKH FRXQWU\·V QHZ FRQVWLWX- TB epidemic using a similar strategy to HDVHÀJKWLQJ SDUWQHUVKLS EHWZHHQ JRY-
tion. This revamped Brazilian consti- that employed against HIV, and as a re- ernment programs and citizen groups
WXWLRQ ÀQDOL]HG LQ JXDUDQWHHV DOO VXOW WKH 1DWLRQDO 7XEHUFXORVLV &RQWURO can have life-saving results, and it would
FLWL]HQVKHDOWKFDUHFDOOLQJLW´DULJKWRI 3URJUDP 17&3 KDV JUHDWO\ H[SDQGHG be wise for other nations to consider
DOODQGDGXW\RI WKHVWDWHµ,QRUGHUWR not only its resources but also its sup- similar strategies.
act on this constitutional promise, the SRUWLYH DELOLW\ LQ WKH ÀJKW DJDLQVW WKH
government launched a nationwide cam- disease. The program was constructed Anjali Balakrishna is a freshman in Jonathan Ed-
paign to inform and provide HIV testing to deal with TB by focusing on the same wards College.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 21
BY CONNIE CHO
The Gates F
)RXQGDWLRQ SOHGJHG ELOOLRQ GROODUV
over 10 years and called for dedication
WRD´GHFDGHRI YDFFLQHVµIURPJRYHUQ-
ments and the private sector institutions
DOLNH 7KH ÀQDQFLDO SOHGJH WR YDFFLQD-
WLRQVLVDQH[DPSOHRI WKH)RXQGDWLRQ·V
KLVWRULFDOO\´YHUWLFDOµDSSURDFKWRJOREDO
health, supporting efforts to target spe- GLVHDVHV 7KHVH LQYHVWPHQWV UHÁHFW D upon them. Many argue that the founda-
FLÀF GLVHDVHV 7KLV DSSURDFK SHUKDSV ´YHUWLFDOµ DSSURDFK IRFXVLQJ DOO HQHUJ\ tion ignores larger environmental chal-
UHÁHFWV%LOO*DWHV·VSULRULWLHVDQGYLVLRQ into eradicating particular diseases rather lenges that do not fall under the scope
for his foundation. In his 2010 Annual than attempting to make systemic health of the approved global health grants. A
)RXQGDWLRQ /HWWHU %LOO *DWHV H[SODLQV care changes. 2007 investigation series on the Gates
´0HOLQGD DQG , VHH RXU IRXQGDWLRQ·V &ULWLFVRI WKHYHUWLFDODSSURDFKSRLQW )RXQGDWLRQ E\ WKH /RV $QJHOHV 7LPHV
key role as investing in innovations that out that the outcomes of the Gates DOVR KLJKOLJKWV WKH ÀQDQFLDOO\ GULYHQ
ZRXOG QRW RWKHUZLVH EH IXQGHGµ $V )RXQGDWLRQ·V IDLWK LQ ´PDJLF EXOOHWµ ´EUDLQGUDLQµWKDWVKLIWVFOLQLFLDQVIURP
such, the foundation has invested sub- vaccines as the answer to global health basic care to specialty care. Targeting
stantially in high-impact technology like problems are counteracted by founda- diseases like AIDS and malaria when
vaccines that target and prevent certain tionally weak health care systems that basic hunger and poverty needs remain
cannot sustain the progress that is thrust unaddressed has shown to be futile. The
22 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
Melinda and I see our
foundation’s key role as
investing in innovations
that would not otherwise
be funded.
Foundation
putes between the WHO and the Gates
)RXQGDWLRQ DERXW PDODULD UHVHDUFK LQ
2009. The New York Times reports
´VRPHVFLHQWLVWVKDYHVDLGSULYDWHO\WKDW
>WKH *DWHV )RXQGDWLRQ@ LV ¶FUHDWLQJ LWV
RZQ:+2·µ<HWWKHIDFWUHPDLQVWKDW
WKH*DWHV)RXQGDWLRQODUJHO\YLHZVLWVHOI
*DWHV )RXQGDWLRQ·V ODFN RI LQYHVWPHQW developing nation. and handles itself as the benefactor of
in systemic health care structures ren- 7KH *DWHV )RXQGDWLRQ LV QRW LQÁH[- innovation and technology-driven de-
GHUVLWVVSHFLÀFGLVHDVHWDUJHWHGLQYHVW- ible. After spending $700 million dollars liverables. The rest of the global public
ments less than effective. The LA Times on the effort to eradicate polio, almost a KHDOWKÀHOGPXVWÀQGDZD\WRÀOOLQWKH
investigative series exposed international ÀIWKRI WKHJOREDOLQYHVWPHQWDQGVHH- rest of the gaps and make sure that it is
concerns over disrupting currently de- ing undeniable evidence of an escalating covering the holistic and systemic needs
veloping health care structures. As the outbreak of polio from contaminated WKDWWKH*DWHV)RXQGDWLRQGRHVQRWSUR-
*DWHV)RXQGDWLRQLVVXFKDPDMRUSOD\HU water in Nigeria, Bill Gates made a trek vide.
in shaping how global health problems to Nigeria. As reported by Rob Guth’s
are solved, it must balance its priority for 2010 Wall Street Journal article, Gates Connie Cho is a sophomore in Silliman College
risk-taking innovation with responsible FRPPLWWHGWRDGGLWLRQDO´KRUL]RQWDODS- and a staff writer for the YJML.
investments for the holistic needs of a SURDFKµPHDVXUHVVXFKDVVXSSRUWRI LQ-
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 23
Interview with
Dr. Francis Collins Director of the National Institutes of Health
BY COURTNEY RUBIN
24 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
1. You were the director of the Na- family planning and infectious dis- genome sequencing and use this in-
tional Human Genome Research eases like AIDS/HIV and malaria. formation to create personalized dis-
Institute and oversaw the Human What programs and projects do you ease therapies?
Genome Project. How has your hope for the NIH to implement in
background as a geneticist affected order to address the growing concern Today, one of our biggest goals is to
the way you approach managing the over global health disparities, and cut the cost of sequencing an entire hu-
NIH and developing strategies to what do you foresee as the most chal- man genome to $1,000 or less. This ad-
address national (and global) health lenging issues you will have to face? vance will pave the way for each person’s
concerns? genome to be sequenced as part of the
In recent decades, much of global standard of care, leading to a revolution
Genetics underlies nearly every dis- KHDOWK UHVHDUFK KDV MXVWLÀDEO\ EHHQ IR- in the practice of medicine.
ease, from rare diseases, such as cystic FXVHGRQWKH´ELJWKUHHµGLVHDVHV$,'6 In this new era, the current one-size-
ÀEURVLV DQG VLFNOH FHOO DQHPLD WR PRUH TB, and malaria. However, biomedical ÀWVDOO DSSURDFK WR KHDOWKFDUH ZLOO JLYH
common, chronic conditions, such as research must now set its sights on other way to personalization. Healthcare pro-
cancer, heart disease, and diabetes. In more-neglected causes of death and dis- viders will use a person’s genomic pro-
fact, as we learn more about the human ability in low-income nations. That in- ÀOHDORQJZLWKLQIRUPDWLRQDERXWKLVRU
genome and how its 3 billion letters vary cludes non-communicable diseases like her lifestyle and environment, to develop
ever so slightly among individuals, we cancer, heart disease, and diabetes, which individualized strategies for preventing,
DUHOHDUQLQJWKDWJHQHWLFVHYHQLQÁXHQFHV are the fastest growing causes of mor- detecting, and treating disease. Genomic
susceptibility to many infectious diseases, bidity and mortality in the developing information will also enable doctors to
such as tuberculosis (TB) and acquired world. In collaboration with other fund- prescribe medications in safer and more
LPPXQHGHÀFLHQF\V\QGURPH$,'6 ing sources, such as the Bill and Melinda effective ways, selecting for each patient
&RQVHTXHQWO\,WKLQNP\EDFNJURXQG *DWHV)RXQGDWLRQ1,+FDQSOD\DPDMRU the right drug at the right dose at the
serves as a strong foundation for leading role in ramping up the discovery of nov- right time.
the efforts of the National Institutes of el targets that may facilitate the develop- Granted, there will be great chal-
+HDOWK1,+WRWXUQVFLHQWLÀFGLVFRYHU\ ment of new ways to prevent, diagnose, lenges in interpreting anyone’s complete
into health for all peoples of the world. and treat these neglected diseases. genome sequence, so it will likely take a
The study of the genome also fos- It is also critical to build biomedical while before all of these advances show
ters a broad view of human biology. As research capacity and training opportu- up in local hospitals and clinics. But I
leader of the National Human Genome QLWLHV LQ WKH GHYHORSLQJ ZRUOG )RU H[- expect that within the next decade or
Research Institute, I encouraged applica- ample, NIH and the Wellcome Trust, a so, most people living in developed na-
tion of genomic knowledge, tools, and global charity based in London, recently tions will have their genomes sequenced
technologies to a wide range of human formed a partnership to support popula- as part of their medical record -- and I
disorders. So, unlike scientists who have tion-based studies in Africa of common, hope it will come even sooner.
devoted their entire careers to studying a chronic disorders, as well as infectious
VSHFLÀFGLVRUGHURUELRORJLFDOSDWKZD\, GLVHDVHV &DOOHG WKH +XPDQ +HUHGLW\ 4. The passage of GINA (the Ge-
owe no allegiance to any particular group and Health in Africa (H3Africa) project, nomics Information Nondiscrimi-
of diseases. the effort will enable African researchers nation Act) was a major victory for
,QVFLHQWLÀFUHVHDUFKLWLVYHU\WHPSW- to take advantage of new research ap- proponents of secure genetic testing.
ing to stay within your comfort zone. proaches to understand both the genetic What are your thoughts on the priva-
But the Human Genome Project, which and non-genetic factors that contribute cy concerns of genetic testing? What
ZDV VXFFHVVIXOO\ ÀQLVKHG XQGHU EXGJHW to the risk of illness. We anticipate that genetic testing infrastructure still
and ahead of schedule, is proof of the what is learned in Africa about genetic needs to be improved before privacy
extraordinary progress that can be made variation and disease will have an impact is no longer an issue?
when researchers set bold goals and around the globe.
work together to achieve them. My hope The passage of The Genetic Infor-
is that, as director of NIH, I can encour- 3. As the development of new tech- mation Nondiscrimination Act of 2008
age the entire research community to nology makes whole genome se- (GINA) represented a major victory
pursue endeavors that push us beyond quencing faster, cheaper and more for all Americans. In fact, the late Sen.
RXU FRPIRUW ]RQHV LQ ZD\V WKDW EHQHÀW feasible for the average person, how Edward Kennedy (D-MA), who co-
humankind. do you see genetic data like this be- sponsored the legislation in the Senate
ing integrated into mainstream with Sen. Olympia Snow (R-ME), called
2. The Obama Administration has healthcare? Do you think we have *,1$ ´WKH ÀUVW QHZ PDMRU FLYLO ULJKWV
announced a Global Health Initiative amassed enough knowledge to cor- ELOORI WKHQHZFHQWXU\µ >>
focused on maternal and child health, rectly interpret the results of whole
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 25
> This federal law protects consumers preventive measures. However, despite clinical trials to see if the drugs work,
from discrimination by health insurers our best efforts at prevention, people are NIH has a 240-bed clinical research cen-
and employers on the basis of genetic still going to get sick. So, we also want ter on its Bethesda, Md., campus, along
information. One reason this nationwide to come up with better treatments than with a network of about 60 clinical cen-
level of protection was needed was to what we have now. In the past, the de- ters scattered all over the country. In ad-
reduce Americans’ growing concern that velopment of drugs has largely been left dition, the NIH has established a much
results of genetic testing could be used to the private sector, which used rather VWURQJHUUHODWLRQVKLSZLWKWKH)RRGDQG
against them by health insurers and in broad-brush, empirical approaches to Drug Administration, trying to ensure
the workplace. Another motivating force identify compounds that would have the that there is a synergism there between
was that patients’ fears of potential dis- right properties to improve the situation. the development of new drug com-
crimination were threatening our ability Today, informed by a better under- pounds and their oversight.
to conduct the very research we need to standing of what is going on inside a I’m optimistic that, working in part-
understand, treat, and prevent disease. cell and how a disease affects that, re- nership with the private sector, we can
Despite the protections provided by searchers in both the private and public create a new paradigm that will provide
GINA, the law is not perfect. GINA sectors have developed more rational the public with new and more effective
does not address life insurance, disabil- strategies for screening very large librar- treatments far faster than we do now. We
ity insurance, or long-term care insur- ies of chemical compounds in a system- simply cannot sit around and wait for
ance. So, we need to thoughtfully evalu- DWLFKLJKWKURXJKSXWPDQQHUWRÀQGWKH the next blockbuster drug. In fact, there
ate these and other areas of our society one that has the right properties. NIH are not going to be very many block-
in which it may be tempting to use – or recently has gotten much more involved busters. As we increase our molecular
misuse -- genetic information. in such efforts, helping many academic understanding, diseases are actually be-
investigators who are interested in taking ing divided into smaller and smaller
5. Many people believe translational their basic discoveries and move it in the subsets, which means that the odds of
research to be a better funding in- direction of therapeutics. ÀQGLQJRQHEORFNEXVWHUGUXJWKDWZRUNV
vestment, as it is more directly rel- Still, it is one thing to have a com- against all subtypes are growing smaller
evant to clinical medicine than basic pound that works in a Petri dish, and and smaller. Instead, we likely will need
science research. How do you see quite another to give it to a patient. There to develop a wide array of drugs, each
the balance between basic science is much work that needs to be done in H[TXLVLWHO\ WDUJHWHG WR VSHFLÀF VXEW\SH
and translational research evolving in terms of testing the compound’s toxicity So, if we want to see true progress in the
the future? in an animal, as well as assessing its abil- rational design of therapeutics, NIH-
ity to be metabolized and absorbed. All supported science has to play a larger
In the past, critics have complained of these steps are long, expensive, and role – and that will be one of my highest
that NIH is too slow to translate basic time-consuming processes. It is in this priorities during my time as NIH Direc-
discoveries into new advances in the gap between target discovery and human tor.
clinic. Some of that criticism may be jus- clinical trials where a lot of drug devel- None of this should be taken as an
WLÀHG EXW RIWHQ WKH SDWKZD\ IURP PR- opment projects die – a gap that many erosion of NIH support for basic sci-
OHFXODULQVLJKWWRWKHUDSHXWLFEHQHÀWZDV LQWKHLQGXVWU\UHIHUWRDVWKH´9DOOH\RI ence, however. Basic science is the foun-
just not discernible. Death. dation of all translation, and must con-
)RU PDQ\ GLVRUGHUV WKDW LV QRZ NIH is now pushing very hard to tinue to be a major component of our
changing. We are experiencing a remark- bridge that Valley of Death for care- research agenda.
able deluge of discovery in terms of the fully chosen projects. Make no mistake,
causes of disease, much of it coming we are not trying to compete with the 6. Judge Royce Lambert recently
out of genomics, the ability to pinpoint private sector. Instead, we are develop- ruled that the Obama administra-
at the molecular level what pathway has ing new partnership models, especially tion’s policy on embryonic stem cell
gone awry in causing a particular medical for unexplored drug targets or diseases research violated the Dickey-Wicker
condition. Such information is exciting that are relatively less common, and for amendment. How has this ruling af-
in itself because it provides new insights which there exists little economic in- fected the NIH? How do you hope to
into human biology. However, what we FHQWLYHWRGHYHORSWKHUDSHXWLFV)RUH[- resolve this issue?
really want to do is to take such infor- DPSOH 1,+·V QHZ &XUHV $FFHOHUDWLRQ
mation and push it forward into clinical Network, which was established by the The preliminary injunction issued on
EHQHÀW 3DWLHQW 3URWHFWLRQ DQG $IIRUGDEOH &DUH Aug. 23, 2010 has cast a cloud of uncer-
6RPH RI WKH EHQHÀWV FRXOG FRPH LQ Act, will make it possible for academic WDLQW\LQWKHÀHOGRI KXPDQHPEU\RQLF
the form of prevention, that is, identi- investigators to move their discoveries stem cell research. Young scientists,
fying people at highest risk and making much further down that pipeline towards once excited about careers in stem cell
sure be sure they are taking the right a therapeutic. Also, to carry out initial research, are now worried about the fu-
26 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
ABOVE Advances in sequencing technology have enabled shotgun DNA sequencing analyzers at The National Institute for Genomic Research to sequence the entire human genome in a matter of
ture. logic of physical chemistry and into the ity to unravel nature’s biggest mysteries
If this research is slowed or halted, ZLOGDQG´PHVV\µZRUOGRI ELRORJ\DQG and solve medicine’s toughest puzzles
the greatest loss will be suffered by the medicine. will hinge upon assembling complex re-
millions of Americans with conditions I enrolled in medical school at the search teams that meld biological know-
that might be helped by research involv- 8QLYHUVLW\RI 1RUWK&DUROLQDLQ&KDSHO how with expertise in computer science,
ing human embryonic stem cells. Such Hill, where I earned an M.D. in 1977. physics, math, clinical research, bioeth-
people include those suffering from After a residency and chief residency ics, and many other disciplines.
heart disease, diabetes, liver disease, and in internal medicine, I returned to New Also, bear in mind that the power of
vision problems, along with those af- Haven for a postdoctoral fellowship in discovery comes with a very serious re-
ÁLFWHGE\VSLQDOFRUGLQMXULHVDQGQHXUR- human genetics at Yale Medical School. sponsibility -- the responsibility of sci-
degenerative conditions, such as amyo- )RUWXQDWH HQRXJK WR EH PHQWRUHG E\ entists to weigh the ethical, legal, and so-
trophic lateral sclerosis and Parkinson’s Sherman Weissman, a wonderful advi- cial implications of their research before
disease. While we continue through the sor who encouraged creativity, I used the embarking upon a project or advocating
legal process, we must keep patients and opportunity to develop an innovative ap- DQHZWHFKQRORJ\&OHDUO\ZHGRQRW\HW
their families foremost in our thoughts. proach, called chromosome jumping, to have the answers to many of these daunt-
cross large strands of DNA to identify ing questions. It likely will take years of
7. You earned your PhD in physical genes responsible for inherited disor- thoughtful research and vigorous debate
chemistry from Yale in 1974. What is ders. among scientists, ethicists, legal scholars,
your favorite memory of Yale? and ordinary citizens to chart the wisest
8. What advice do you have for peo- course. And that is where you come in.
While at Yale in 1972, a course in bio- SOH LQWHUHVWHG LQ VFLHQWLÀF UHVHDUFK Whether your journey of discovery takes
chemistry changed the course of my life. healthcare and medicine? you to a high-tech laboratory, an inner-
Taught by Peter Lengyel and Bill Sum- city clinic, the courtroom, or some other
mers, this course sparked my interest in &KRRVHLPSRUWDQWSUREOHPVWRZRUN equally challenging setting, the future de-
the molecules that hold the blueprint for on. Identify great mentors. Persevere. pends on you.
life: DNA and RNA. It became clear to Our world urgently needs bright, cre-
me that a revolution was coming in mo- ative minds if we are to turn discovery Courney Rubin is a Junior in Trumbull College
lecular biology and genetics. So, I shifted into health. Equally important, we need and, Development Editor for the YJML.
gears and moved away from the orderly such minds to work together. Our abil-
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 27
The
HIV/AIDS
Crisis in
Russia
What Has Been Done and
What is Still Left to Be Done
BY BEN VANGELDER
A poster for a governmental anonymous hotline for HIV/AIDS information. Marinal/Flickr
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 29
One Child
No Health Care
Population Control and Its Impact
on Health Care in China
30 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
ban and rural population and a majority and responsibly demand and seek out
BY MARTIN D. WEAVER JR. is already uninsured. While healthcare higher quality health services.
expenditures and actual government The government has already begun to
China’s rapid economic growth did funding have been steadily increasing provide more funds and employ new ini-
not entail a proper expansion of its over the past twenty years, according to tiatives to improve public health, evalu-
healthcare system. China’s aging the IBM report, as a percentage of GDP, ate hospitals through the solicitation of
SRSXODWLRQRQO\DGGVIXHOWRWKHÀUH these expenditures have actually been patient feedback, and begin the develop-
decreasing. ment of a national health infrastructure.
)XUWKHUPRUH KHDOWKFDUH IXQGLQJ The future of the healthcare system will
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 33
34 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
Women
on Waves The Abortion Rights Movement Sets Sail
BY ALEXA SASSIN
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 35
from having an abortion are still termi-
nating their pregnancies through illegal
means. These illegal abortions have
caused upwards of 67, 000 deaths and
5 million hospitalizations worldwide
every year.
36 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
The Individual Mandate in Rwanda:
As Rwanda zeroes in on universal healthcare coverage for its citizens, it hits the ceiling of having to develop its infrastructure.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 37
PHOTO Mutuelles, Rwandan
insurance plans, are subsidized
by the Rwandan government
and have effectively pooled
health risks across a large
population to maintain costs.
38 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
> government and transfers from the civil The Copayment Debate
service-based insurance programs.
The mutuelles program has met with Some other thoughts were put for- The mutuelles use an inno-
notable success; perhaps because of its ward by the Norwegian People’s Aid vative tier system of risk-
community-based, grassroots forma- (NPA) in a 2005 evaluation of its ongo-
tion and its affordability, the plans have ing aid commitments in Rwanda’s Gise- sharing.
seen high rates of uptake. Out-of-pocket nyi district. While on the one hand, the
spending has decreased, and primary NPA recognized the importance of a In the same article, Dr. Ruxin brings
care utilization has increased as a result KLJK PHPEHUVKLS EDVH WR WKH ÀQDQFLDO up another crucial consideration. Be-
of the program, which has enjoyed con- stability of the program at large and cause access is somewhat limited in
tinued and increasing support from the therefore encouraged mutuelles authori- Rwanda, care-seeking typically involves
Rwandan government and involved aid ties to cover premium costs for poorer long trips with high opportunity costs
organizations. Rwandans’ widespread subscribers, they also worried about the in missed work time. Overcoming these
participation in the mutual insurance SRVVLELOLW\RI PRUDOKD]DUG&RSD\PHQWV EDUULHUVLVGLIÀFXOWHQRXJKZKLFKPDNHV
schemes is unique in the region; accord- the principal tool for ensuring that sub- LW GLIÀFXOW WR LPDJLQH WKDW DGGLWLRQDO
ing to Laurent Musango of the World scribers do not abuse their subsidized PRQHWDU\ FRSD\V DUH UHTXLUHG WR ÀJKW
+HDOWK 2UJDQL]DWLRQ ´5ZDQGD LV WKH KHDOWKLQVXUDQFHSRVHWKHODUJHVWÀQDQ- VXSSRVHG ´RYHUXVHµ E\ 5ZDQGD·V SRRU
only country in sub-Saharan Africa in cial barrier to participating in the mutu- subscribers.
which 85% of the population partici- elles scheme for many Rwandans. The
pates in mutual insurance programmes NPA worried that, without coinsurance Conclusion
IRUWKHLUKHDOWKFRYHUDJHµ of any kind, poor subscribers might en-
JDJHLQÁDJUDQWDEXVHRI WKHLUIUHHFRY- Despite its shortcomings, Rwanda’s
Financial Barriers to Uptake erage. The report therefore argued that, mutuelles program has provided consid-
HYHQIRUWKHSRRUHVWVXEVFULEHUV´VPDOO HUDEOH EHQHÀWV WR SXEOLF KHDOWK LQ WKH
Despite the program’s successes, it co-payments must be applied to avoid country. According to a study published
continues to struggle with serious cost- H[FHVVLYHXVHRI WKHKHDOWKVHUYLFHVµ in the 2008 WHO Bulletin, members of
related last-mile complications. In an These changes may counter the com- WKH FRPPXQLW\ LQVXUDQFH SODQV ´ZHUH
effort to push the remaining uninsured plaints of some critics that the mutuelles 1.7 times more likely to get treated for
into mutuelles plans, Rwanda established program is more like an additional health fevers in modern facilities; three times
an individual mandate requiring resi- tax than an insurance system due to its more likely to take children with diarrhea
dents to have some form of health in- ÁDWIHH FRPSXOVRU\ FRQWULEXWLRQ DQG to a health facility and/or treat them
surance in April of 2008. However, the its management which is directly con- with oral rehydration salts at home; twice
poorest segments of the population trolled by the Ministry of Health. as likely to make four or more prenatal
DUH IDFLQJ FRQVLGHUDEOH ÀQDQFLDO EDUUL- Others suggest going in the opposite visits; and twice as likely, if pregnant or
ers, and currently there is no system of direction, proposing even more progres- younger than 5 years, to sleep under an
subsidies or premium-waiving for these sive measures. Dr. Josh Ruxin of The LQVHFWLFLGHWUHDWHGQHWµ
LQGLYLGXDOV ´,Q WKH SRRUHVW UHJLRQV RI Access Project, writing for the New $FFRUGLQJ WR WKH VDPH VWXG\ ´GLV-
5ZDQGD WKHUH DUH SHRSOH ZKR DUH ÀQG- York Times, noted that: WDQFH ZDV DOVR D VLJQLÀFDQW QHJDWLYH
LQJ LW GLIÀFXOW WR SD\ IRU WKH mutuelles,µ predictor for the utilization of many
Partners in Health’s community health The Millennium Villages project VHUYLFHVSDUWLFXODUO\DVVLVWHGGHOLYHULHVµ
GLUHFWRU 'LGL %HUWUDQG )DUPHU QRWHG supports a Rwandan-managed health It is thus important to place the success
Several solutions have been proposed, center in Mayange where – due to of Rwanda’s coverage expansion in the
but among the most obvious ones would extreme poverty – co-pays are not context of its serious access and deliv-
be to make payments to the program required and the health mutuelle pre- ery shortages. Rwandans’ distance from
scalable based on ability to pay. Adélio PLXPLVVXEVLGL]HG3DXO)DUPHUDQG their nearest providers, a function of
)HUQDQGHV$QWXQHVDQDQDO\VWZLWKWKH Partners in Health have recently ad- the country’s acute provider shortage,
WHO’s Department of Health Sys- opted a similar approach . . .). The is a further barrier to care that mutuelles
WHPV )LQDQFLQJ KDV QRWHG WKDW ´HYHQ results have been impressive: nearly cannot solve. The wonder of universal
LQDFRXQWU\OLNH5ZDQGDµZLGHLQFRPH 100 percent of community mem- coverage in Rwanda cannot come about
GLVSDULWLHV H[LVW DQG ´RQH PD\ ZDQW WR bers have health mutuelle and consider before the much greater miracle of lift-
search for opportunities to increase the health care their right. Utilization ing the country out of poverty has been
contribution of better-off households rates have increased dramatically but achieved.
and to support the access of the poor staff report that they have not seen a
ZLWKWKRVHPRQLHVµ single case of abuse. Aditya Mahalingam-Dhingra is a junior in Ezra
Stiles College.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 39
Flu in the Mountains of Co
O n a sixty-degree day, I felt like it
was at least one hundred. To be
precise, like it was 102.5. In the middle
the United States. The local doctor came
to my hostel room, something increas-
ingly rare here at home. Moreover, the
of an eight-week sojourn to the cloud care that I received was incredibly inex-
forests of Monteverde, high in the cen- pensive, at least by American standards.
WUDOPRXQWDLQVRI &RVWD5LFD,KDGIDOOHQ In total, I paid exactly $10 out of pocket,
LOOZLWKDEDGÁXWKDWNHSWPHEHGULGGHQ about the equivalent of a nice dinner at a
for three days in the summer of 2008. local restaurant.
Surprisingly, my experience was com- &RVWD5LFDEOHVVHGZLWKUHODWLYHSURV-
parable to times when I was sick back SHULW\ ZKHQ FRPSDUHG WR LWV &HQWUDO
KRPH LQ 1HZ <RUN &LW\ ,Q DQ LVRODWHG American neighbors, provides universal
town with a population of only about healthcare to its citizens. As a tourist, I
6500, there was a fully functional doc- clearly did not qualify for taxpayer-sub-
WRU·VRIÀFHDQGDZHOOVWRFNHGSKDUPDF\ sidized healthcare. Nevertheless, I found
A doctor, competent and professional, that my insurance, UnitedHealthcare,
quickly diagnosed my condition and pre- was readily accepted.
scribed the requisite drugs, which the As anybody who has read the classic
pharmacy delivered directly to my room Spanish short story Vuelva Usted Mana-
in a local hostel. ña will tell you, bureaucracy in the Span-
I recovered quickly, thanks to the two- ish-speaking world is notorious for its
pronged attack of acetaminophen and LQHIÀFLHQFLHV (YHU\WKLQJ VWHUHRW\SLFDO
WKH &RVWD 5LFDQ HTXLYDOHQW RI FKLFNHQ about paper-pushing is present: there are
soup—fresh fruit consumed in large IRUPVWREHÀOOHGRXWLQWULSOLFDWHZDLW-
quantities. With generalizations about ing in long lines to get the appropriate
poor healthcare in developing countries, VWDPSVDQGRIÀFLDOVZKROHDYHIRUORQJ
especially in rural areas, I was pleasantly siestas in the middle of the afternoon.
VXUSULVHG WR ÀQG P\ WUHDWPHQW DQG UH- However, I found quite the opposite to
FRYHU\ WR EH HIÀFLHQW DQG SDLQOHVV MXVW EHWUXHWKHUHZDVOHVVUHGWDSHLQ&RVWD
like it would have been at home. Rica than back home. That being said,
In many respects, the care that I re- however, I did not require a visit to a
FHLYHG LQ &RVWD 5LFD ZDV HYHQ VXSHULRU hospital, which my local friends told me
to the care that I could have received in would involve a very long wait. In fact,
40 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
osta Rica BY PATRICK TOTH
the manager of my hostel told me that
he once had to wait for an entire day in
order to get a broken leg set in a cast!
This is, according to most of my lo-
cal friends, the main problem with the
&RVWD 5LFDQ KHDOWKFDUH V\VWHP %\ WKH
vast majority of their stories, its quality is
H[FHOOHQW/LIHH[SHFWDQF\LQ&RVWD5LFD
is actually a bit greater than life expec-
tancy in the United States by a narrow
margin of 0.1 years. However, several re-
porters have revealed long waiting times
for simple surgeries, including upwards
RI WKLUW\ÀYHGD\VIRUDKLSUHSODFHPHQW
In contrast, if one breaks their hip in the
United States and requires a hip replace-
ment, it would generally be performed
within two to three days at most.
&RVWD 5LFDQ KHDOWKFDUH PD\ QRW EH
without its problems. However, it shines
LQ PDQ\ UHVSHFWV &RVWD 5LFDQV RI DQ\
income are covered under the country’s
universal healthcare plan, and the coun-
try spends only 7% of GDP on health-
care per year, as opposed to the United
States’ 15%! My experience of being sick
LQ&RVWD5LFDZLWKWKHH[FHSWLRQRI WKH
sickness itself, was completely positive,
DQG UHÁHFWV WKH VWUHQJWK DQG UHOLDELOLW\
RI WKH&RVWD5LFDQKHDOWKFDUHV\VWHP
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 41
Doubled Over
in Paradise
BY NICOLE NEGBENEBOR
Negbenebor shares about suffering from food poisoning during a trip to egypt.
42 Spring 2011 Vol. VII Issue II Yale Journal of Medicine and Law http://www.yalemedlaw.com
Joel Abroad/Flickr
the sautéed mound of meat. so I turned a stall into my own private cu- within the four walls of my hotel room
One bite and I was in Heaven; one bicle and began reading all the words on and stuck to ordering food from room
minute later and I was in Hell. The nau- the back of the Pepto-Bismol bottle—es- service. The worst thing about being sick
sea crept up on me so that by the sixth pecially the recommended dosage for a overseas was not the pervasive nausea or
bite I gave up on attempting friendly ta- twenty-four hour period. My rendezvous diarrhea, but the fear that I would not
ble conversation for fear that more than in Egypt was put on hold until symptoms JHWZHOOLQWLPHWRÀQLVKWKHWULS,WZDV
just words would spill out of my mouth. began to desist with the help of plenty of not until the third day that the light at
I looked down the length of the table bottled water and prayer. Although the the end of my food poisoned tunnel
and noticed a few of my fellow travelers healthcare system in Egypt is excellent in freed me from perpetual bathroom runs.
also slow down in their eating pace, but its ability to offer quality clinical service, Thankfully, by that afternoon, I was back
when it feels like your internal organs are the tour leader suggested that I hold off to my sightseeing ways with only a few
at war, what’s going on around you is the on seeing a doctor since my condition was lingering signs of what happened days
last of your concerns. considered typical for travelers with mild before. Renewed, weary of any dish with
After three sequential trips to the bath- food poisoning. Only if my symptoms lamb, and excited for the rest of the trip,
room, a bottle of Pepto-Bismol from were to persist for several more days did I was ready to continue exploring my
someone’s suitcase was chugged without he suggest that I should seek the refuge paradise.
avail. Soon there came a time when leav- of a hospital.
ing the bathroom was an ill-advised move, )RU WZR GD\V , H[SORUHG WKH VLJKWV Nicole Negbenebor is a junior in Saybrook College.
http://www.yalemedlaw.com Yale Journal of Medicine and Law Spring 2011 Vol. VII Issue II 43
yalemedlaw.com