The Price of Survival: Ethical Failures and Pharmaceutical Profit in the U.S. Drug Market

The American pharmaceutical system exemplifies a structural ethical failure, where access to life-saving drugs is mediated not by clinical urgency but by commercial valuation. While scientific innovation continues to advance, affordability and accessibility remain fragmented, especially for low-income communities and communities of color. This paper examines how corporate strategy, legal frameworks, and regulatory gaps converge to normalize exclusion. Drawing on ethical frameworks of consequentialism and distributive justice, it argues that preventable harm is not an unintended byproduct of the market, but an engineered outcome. Case studies, including insulin and hepatitis C treatments, demonstrate that exorbitant pricing is often safeguarded by patent gamesmanship, market opacity, and financial intermediaries. These mechanisms disproportionately burden the vulnerable while inflating industry profits. Moreover, the rhetoric of innovation is frequently weaponized to resist regulation, even as many so-called innovations yield minimal therapeutic gains. In response, this paper proposes reforms centered on public pharmaceutical infrastructure, centralized price negotiation, mandatory transparency, and patent law overhaul. These measures do not oppose innovation; they recalibrate it toward public good. Without structural change, innovation becomes a shield for inequity. True reform demands a system where the benefits of scientific progress are not auctioned to the highest bidder but shared as a matter of justice.

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Publication Details

Journal
Boston Congress of Public Health Review (BCPHR Formerly HPHR)
Published
2025-06-29
DOI
https://doi.org/10.54111/001c.141523
Primary Topic
Pharmaceutical Economics and Policy
Type
article
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article

The Price of Survival: Ethical Failures and Pharmaceutical Profit in the U.S. Drug Market

J. W. Lee
Boston Congress of Public Health Review (BCPHR Formerly HPHR)
Pharmaceutical Economics and Policy
article

The Price of Survival: Ethical Failures and Pharmaceutical Profit in the U.S. Drug Market

J. W. Lee
article en

Abstract

The American pharmaceutical system exemplifies a structural ethical failure, where access to life-saving drugs is mediated not by clinical urgency but by commercial valuation. While scientific innovation continues to advance, affordability and accessibility remain fragmented, especially for low-income communities and communities of color. This paper examines how corporate strategy, legal frameworks, and regulatory gaps converge to normalize exclusion. Drawing on ethical frameworks of consequentialism and distributive justice, it argues that preventable harm is not an unintended byproduct of the market, but an engineered outcome. Case studies, including insulin and hepatitis C treatments, demonstrate that exorbitant pricing is often safeguarded by patent gamesmanship, market opacity, and financial intermediaries. These mechanisms disproportionately burden the vulnerable while inflating industry profits. Moreover, the rhetoric of innovation is frequently weaponized to resist regulation, even as many so-called innovations yield minimal therapeutic gains. In response, this paper proposes reforms centered on public pharmaceutical infrastructure, centralized price negotiation, mandatory transparency, and patent law overhaul. These measures do not oppose innovation; they recalibrate it toward public good. Without structural change, innovation becomes a shield for inequity. True reform demands a system where the benefits of scientific progress are not auctioned to the highest bidder but shared as a matter of justice.

Boston Congress of Public Health Review (BCPHR Formerly HPHR)Vol. Spring 2025(90)
University of California, Berkeley (US)
Reduced inequalities
Openalex Percentile: Top 11%
Pharmaceutical Economics and Policy
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