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Control during corporate crisis: asbestos and the Manville bankruptcy.

Chapter 11 bankruptcy provides an opportunity for addressing issues of power and control during corporate crisis. A broad notion of power is essential in understanding the complex events that led to the Chapter 11 filing of the Manville Corporation, formerly the nation's leading asbestos manufacturer. The theory of finance hegemony places this case in an entirely new light by taking into account the power of the financial community. The Manville bankruptcy illuminates several mechanisms by which this hegemony operates. From this perspective, Chapter 11 bankruptcy is viewed as a choice made from a set of options severely constrained by other powerful institutions, rather than a result of managerial incompetence or market failure.

Asbestos

Lessons in long-term care: the benefits of a northern exposure.

Canada stands as an important lesson for the United States. At the very minimum it represents the art of the possible. For those interested in long-term care, it suggests that it is possible to include long-term care in a programme of universally accessible care without national bankruptcy. Although Canada has brought medical and social services closer together and has brought acute and chronic care under the same aegis, not all the problems of coordinating such efforts have been solved. For others, the Canadian example shows that care can be provided to all persons who need it without creating uncontrollable expenses or removing families' motivations to care for their own. In so doing, universal coverage creates the opportunity for better coordination of services and ultimately for more efficient care.

Canada

Clinical testing of products prepared by biotechnology.

In summary, new therapeutic products derived from biotechnology will have to satisfy all the usual demands of regulatory agencies, plus some new requirements generated by their special nature. The chemical identity and purity of rDNA compounds will have to be assured, animal toxicity testing will be required, and sufficient data on clinical safety and efficacy will have to be gathered to justify FDA approval. In this process, empiricism will be the key word. NDAs will be approved on the basis of facts, and not theory, and that is as it should be. How costly will this process be? Part of the process is more or less under the control of the sponsor, i.e., the part leading up to the filing of the NDA. Trials can be organized and carried out efficiently or inefficiently; the difference will be measured in years and millions of dollars. The same generality can be applied to the preparation of the inevitably voluminous NDA. Two final worries: Litigation and damage awards are threatening the stability of much of our society. The trend toward holding pharmaceutical manufacturers responsible for strict product liability, not negligence, is fearsome, since it is not possible to protect oneself against harm which cannot be predicted or prevented. Unforeseen serious adverse effects with an rDNA product involving thousands of patients could spell bankruptcy for a biotechnology company. The last issue is what I will term the "biotechnology Chernobyl disaster".(ABSTRACT TRUNCATED AT 250 WORDS)

Biotechnology

A history of nitrous oxide and oxygen anaesthesia. IVC: Henry Hill Hickman in his time.

Previous verdicts on Hickman set the scene. The genealogy of Hickman and his wife is explored, disclosing the identities of "Poor Mrs Dudley of Shut End" and "Thomas Dudley of Kingswinford". Some previous evidence is explained by the bankruptcy of Hickman's father-in-law. The dubious means whereby Hickman qualified prematurely are examined.

Anesthesia, Inhalation

Forty years of litigation involving medical students and their education: II. Issues of finance.

An analysis of reported state and federal adjudication from 1950 through 1989 was undertaken to identify trends in litigation involving medical students and undergraduate medical education. Of the 110 cited judicial decisions during that time, 59 (54%) involved disputes over financing medical education; 43 (73%) were litigated since 1985. This dramatic increase arises primarily from challenges to National Health Service Corps obligations and from attempts to discharge or reorganize debt under the Bankruptcy Code. Medical school graduates enjoyed very little success in these cases. Analysis of court decisions points to a need for informed counseling for medical students, particularly as to the consequences of timing in default on service obligations and of incurring loans under the Health Education Assistance Loan (HEAL) program as opposed to other loan sources. The growing educational debt of today's medical students foreshadows continued litigation in this area.

Education, Medical, Undergraduate

The cost of compensating asbestos victims under the Occupational Disease Compensation Act of 1983.

The potentially huge financial liability due to asbestos product suits and the resulting filings for reorganization in bankruptcy by Manville, UNR Industries, Inc., and Amatex, has become a major public policy concern. In response to the problem several bills have been introduced in the Congress to provide compensation for asbestos (and other occupational disease) victims. This paper estimates the cost of compensating asbestos victims under the provisions of the "Occupational Disease Compensation Act of 1983," introduced by Congressman George Miller. Utilizing fatality projections from studies by Enterline, Selikoff, and Walker, and assumptions regarding likely claims filing and success rates, duration and degree of disability, and medical expenses, first year costs for this legislation are estimated to range from a low of $131 million to a high of $ billion. Present value cost estimates at a 2% real discount rate range from $3 billion to $56 billion. The paper also estimates the impact of possible modifications to the compensation provisions of the legislation. Reducing medical payments by the amount received from medicare would lower costs by 3-4%. Providing survivors with a 3-year lump sum benefit rather than a 5-year lump sum payment would save 20-25% as would offsetting the 5-year lump sum by expected social security old age and disability benefits. Combining all of these changes would reduce costs by almost 50%.

Asbestosis

Public approval of suicide: a situational analysis.

Using four national surveys conducted in 1977, 1978, 1982, and 1983, this study examined public opinions on suicide in four situations: incurable disease, bankruptcy, family dishonor, and being tired of living. The results indicated that suicide in case of incurable disease was approved by slightly less than 43%, being tired of living by about 13%, and the other two situations by 7%. It was found that respondents with attributes of higher education, lower religiosity, and higher commitment to freedom of expression were more likely to consider suicide as acceptable. Future implications for research suggest not only an assessment of attitudes toward suicide in different situational contexts, but also assessment of individual intentions for the situations considered in this study.

Adolescent

The effect of deinstitutionalization on the state hospital.

Recalling the important statement about the bankruptcy of the state hospital system and the need for a multitude of treatment settings made by Harry Solomon, M.D., in 1958, the authors acknowledge that the changes he prophesized have largely come about. Using the Massachusetts Mental Health Center as the model, they describe how an inpatient unit operates as part of a deinstitutionalized network of services for seriously ill patients. They discuss the five general types of patients admitted and the problems of providing adequate care to such a diverse population. Finally, they make a strong plea for the establishment of regional facilities to care for patients with unusual, complicated problems.

Boston

American medical policy and the "crisis" of the welfare state: a comparative perspective.

Health policy debates rarely include broad review of cross-national experiences with related social policies. This article addresses the connection between medical policy concerns and the development of welfare states in the advanced industrial democracies following the oil crisis of 1973-74. After examining the evidence about what actually occurred during the "crisis" years of the welfare state, the article relates the debates about the welfare state's crisis to American concerns about medical care in the 1980s. The distinctive American response to the fiscal strains of stagflation-more severe cuts in social spending than necessary based on the country's economic strength, threats of bankruptcy to produce small adjustments to large programs, and inability to address the problems of medical care as anything other than budgetary strain--is linked to American dissensus about the purposes of the welfare state.

Costs and Cost Analysis