The Quest for Compensation for Research-Related Injury in the United States: A New Proposal

Journal of Law, Medicine and Ethics 47 (4):732-747 (2019)
  Copy   BIBTEX

Abstract

In the U.S., there is no requirement for research sponsors to compensate human research subjects who experience injuries as a result of their participation. In this article, we review the moral justifications that compel the establishment of a better research-related injury compensation system. We explore how other countries and certain institutions within the U.S. have adopted various systems of compensation. The existence of these systems demonstrates both that the U.S. lags behind other nations in its protection of human research subjects and that the establishment of a compensation system is both practical and feasible. We then examine factors which have prevented the U.S. from establishing its own compensation system. We consider possible alternatives for the U.S. by examining the advantages and disadvantages of both established and proposed systems. We offer a new proposal that addresses the justice concerns which compel the establishment of a national compensation system, distributes the burdens of such a system on multiple stakeholders that benefit from research, and has the additional advantage of minimizing the administrative and logistical challenges associated with initiating such a system.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Compensation for the Moral Costs of Research-Related Injury.Daniel Patrone - 2017 - The National Catholic Bioethics Quarterly 17 (4):633-648.
Getting Even: The Role of the Victim: JEFFRIE G. MURPHY.Jeffrie G. Murphy - 1990 - Social Philosophy and Policy 7 (2):209-225.
The ethics of compensation systems.Matt Bloom - 2004 - Journal of Business Ethics 52 (2):149-152.

Analytics

Added to PP
2020-06-12

Downloads
16 (#883,649)

6 months
9 (#290,637)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Arthur L. Caplan
New York University

References found in this work

Research-Related Injury: Problems and Solutions.Larry D. Scott - 2003 - Journal of Law, Medicine and Ethics 31 (3):419-428.
Research-Related Injury: Problems and Solutions.Larry D. Scott - 2003 - Journal of Law, Medicine and Ethics 31 (3):419-428.

View all 9 references / Add more references