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Pandemic Influenza: Ethics, Law, and the Public's Health Lawrence O. Gostin, Georgetown University Law Center Benjamin E. Berkman, Geogetown Law Center 59 Admin. L. Rev. 121 (2007) Suggested Citation: Gostin, Lawrence O. and Berkman, Benjamin E., "Pandemic Influenza: Ethics, Law, and the Public's Health". Administrative Law Review, Vol. 59, No. 1, Winter 2007 Download the Paper (PDF format) - April 12, 2007 Tell a colleague about it. Printing Tips: Select 'print as image' in the Acrobat print dialog if you have trouble printing. ABSTRACT: Highly pathogenic Influenza (HPAI) has captured the close attention of policy makers who regard pandemic influenza as a national security threat. Although the prevalence is currently very low, recent evidence that the 1918 pandemic was caused by an avian influenza virus lends credence to the theory that current outbreaks could have pandemic potential. If the threat becomes a reality, massive loss of life and economic disruption would ensue. Therapeutic countermeasures (e.g., vaccines and antiviral medications) and public health interventions (e.g., infection control, social separation, and quarantine) form the two principal strategies for prevention and response, both of which present formidable legal and ethical challenges that have yet to receive sufficient attention. In part II, we examine the major medical countermeasures being being considered as an intervention for an influenza pandemic. In this section, we will evaluate the known effectiveness of these interventions and analyze the ethical claims relating to distributive justice in the allocation of scarce resources. In part III, we will discuss public health interventions, exploring the hard tradeoffs between population health on the one hand and personal (e.g., autonomy, privacy, and liberty) and economic (e.g., trade, tourism, and business) interests on the other. This section will focus on the ethical and human rights issues inherent in population-based interventions. Pandemics can be deeply socially divisive, and the political response to these issues not only impacts public health preparedness, but also reflects profoundly on the kind of society we aspire to be. SUGGESTED CITATION: Lawrence O. Gostin and Benjamin E. Berkman, "Pandemic Influenza: Ethics, Law, and the Public's Health" (April 12, 2007). Georgetown Law. Georgetown Law Faculty Working Papers. Paper 19. http://lsr.nellco.org/georgetown/fwps/papers/19 | REPOSITORY HOME  | SEARCH  | MY ACCOUNT  | NELLCO HOME | Powered by bepress.