Law And Ethics in Biomedical Research

by Waring, Duff R.; Brown, James Robert (CON); Ferris, Lorraine E. (CON); Gelsinger, Paul L. (CON)

• ISBN13: 9780802086433
• ISBN10: 0802086438
• eBook ISBN(s): 9781442676596
• Format: Paperback
• Copyright: 2006-04-15
• Publisher: Univ of Toronto Pr
• More Book Details

Summary

When a young man named Jesse Gelsinger died in 1999 as a result of his participation in a gene transfer research study, regulatory agencies in the United States began to take a closer look at what was happening in medical research. The resulting temporary shutdown of some of the most prestigious academic research centres confirmed what various recent reports in the United States as well as Canada had claimed; that the current system of regulatory oversight was in need of improvement.Law and Ethics in Biomedical Research uses the Gelinger case as a touchstone, illustrating how three major aspects of that case - the flaws in the regulatory system, conflicts of interest, and legal liability - embody the major challenges in the current medical research environment. Editors Trudo Lemmens and Duff R. Waring, along with a host of top scholars in the field, demonstrate why existing models of research review and human subject protection are in need of improvement, and how more stringent regulatory and legal means can be used to strengthen the protection of research subjects and the integrity of research.The contributors also address conflicts of interest, paying particular attention to the growing commercialization of medical research, as well as the legal liability of scientific investigators, research institutions, and governmental agencies. Legal liability is a growing concern in medical research and this fascinating study is, in the international context, one of the first to explore the liability of various parties involved in the research enterprise.

Table of Contents

Acknowledgments	ix
Introduction	3	(9)
Trudo Lemmens
Duff R. Waring
Uninformed Consent: The Case of Jesse Gelsinger	12	(23)
Paul L. Gelsinger
PART ONE: REGULATION
Questions and Challenges in the Governance of Research Involving Humans: A Canadian Perspective	35	(12)
Kathleen Cranley Glass
Swinging on the Pendulum: Shifting Views of Justice in Human Subjects Research	47	(16)
Anna Mastroianni amd
Jeffrey Kahn
PART TWO: CONFLICT OF INTEREST
The Ethical and Legal Foundations of Scientific 'Conflict of Interest'	63	(19)
Sheldon Krimsky
Self-Censorship	82	(13)
James Robert Brown
Promoting Integrity in Industry-Sponsored Clinical Drug Trials: Conflict of Interest for Canadian Academic Health Sciences Centres	95	(37)
Lorraine E. Ferris
C. David Naylor
The Human Subjects Trade: Ethical, Legal, and Regulatory Remedies to Deal with Recruitment Incentives and to Protect Scientific Integrity	132	(51)
Trudo Lemmens
Paul B. Miller
PART THREE: LIABILITY
Bringing Research into Therapy: Liability Anyone?	183	(23)
Mary M. Thomson
Legal Liability for Harm to Research Participants: The Case of Placebo-Controlled Trials	206	(22)
Duff R. Waring
Kathleen Cranley Glass
Her Majesty's Research Subjects: Liability of the Crown in Research Involving Humans	228	(25)
Sana Halwani
Contributors	253	(6)
Index	259