Forbidden City, Beijing, China.

Legal Tools Used in China in the COVID-19 Emergency

By Wang Chenguang

The Essential Role of Law in Containing the New Coronavirus

The stark truth in the COVID-19 emergency is the lack of effective drugs, therapies, and a vaccine at the moment and in the near future. Therefore the most effective way of containing the new coronavirus is still the traditional response of cutting off the channels of its human-to-human transmission. Realizing this fact, China has used, from the beginning, measures of social distancing, wearing face masks in public, quarantine and staying home to meet the unprecedented challenges of COVID-19. All of these measures are means to adapt normal human behaviors to an emergency situation. To do so, law — the most effective set of norms used to regulate people’s behavior — is logically utilized to stop the spread of the virus. This idea is clearly expressed by the Chinese government’s policy of legal, scientific and orderly containment of the disease.

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Courtroom concept. Blind justice, mallet of the judge. Gray stone background.

Lawsuits as Conduits for Misinformation During COVID-19

By Ana Santos Rutschman and Robert Gatter

On April 21, Missouri Attorney General Eric Schmitt filed a lawsuit against China for having “deceived the public” about COVID-19. The complaint, which names the Chinese Communist Party, the Wuhan Institute of Virology and other government-run entities as defendants, puts Missouri in the unenviable position of being the first state to sue a foreign nation demanding damages for economic and non-economic losses associated with the pandemic. But Missouri is not alone. A putative class action was brought nearly simultaneously in New York against the World Health Organization, also seeking damages for “injury, damage and loss” caused by COVID-19.

In addition to tracing the early history of the Missouri and New York suits, in this post we explain how these high-profile lawsuits are being used as conduits for misinformation in ways that are likely to accelerate the crystallization of misinformation and their recurring sources. Moreover, these lawsuits add to the ongoing instrumentalization of the individual and collective hardships created by a major public health crisis as a tool to further ideology – as has happened recently in Texas in connection with abortion rights throughout the duration of the pandemic.

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A family consisting of two adults and one child walk stairs with their backs to the camera.

Lessons from One Child Nation for Health Policy

By Katherine Drabiak

The acclaimed One Child Nation, streaming on Amazon Prime, provides a haunting look at the reasoning, implementation, and consequences behind China’s (now revised) One Child Policy. Director Nanfu Wang expertly weaves together interviews from population health officials, medical professionals, and family members to describe how government policy strictly enforced population control measures through propaganda, forced sterilization, abortion, steep fines, and infanticide.

At first blush, it seems convenient to contextualize these gross violations of human rights as a product of a vastly different system of law and government than the U.S., but this is an oversimplification. Like the U.S., China also has a Constitution that enshrines central principles, such as deriving authority by the power of the people, equality under the law, preservation of human rights, freedom of the human person, freedom of speech and press, and certain freedoms of family life.  Unlike the U.S., a co-existing provision grants broad power to the government to promote responsible family planning.  Among key differences, One Child Nation illustrates the danger of interpreting rights through a prism that elevates social goals, public order, and government defined community interests above individual rights.

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Medical devices in a doctor's office

What the Trade War with China Means to the Medical Industry

If you rely on a pacemaker, an implanted defibrillator, a prosthetic hip, wear contacts or need an MRI, then you should be concerned about the constant threat and imposition of tariffs on Chinese imports by the Trump Administration. Using Section 301 of the Trade Act of 1974, President Donald Trump imposed new tariffs on an array of Chinese imports based on the assertion that they were stealing United States intellectual properties. The first volley occurred in July 2018 when the administration applied tariffs of 25% to over $34 billion in Chinese imports, and then again in August 2018 when it added another $16 billion in products to the list.

In an ongoing tit-for-tat, on May 10, 2019, the United States raised tariffs from 10% to 25% on an additional $200 billion worth of Chinese goods, including many health care products, from surgical gloves to chemical reagents. While medical supplies are only a small, biopsy-sized sample of the goods that will face these tariffs, they are sure to have some impact on an already financially burdened health care delivery system here in the United States. This will result in higher prices for health care products, devices, and components that are all passed off to the consumer.

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World Trade Month: Trade’s impact on domestic drug prices

By Oliver Kim

Happy World Trade Month! While health policy is often seen as something particularly domestic, trade can have an impact on health policy here at home.

Just a day before President Trump’s speech outlining the administration’s approach to rising drug costs, the Pharmaceutical Research and Manufacturers of America (PhRMA) declared May as a time to “celebrate the many American companies exporting products around the world.” However, PhRMA also warned that “Americans should not subsidize the medicine costs in other wealthy countries.”

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