Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


A digital-age bird man for Alcatraz?  Tweeting oneself to jail. (DJS)

NYT: How privacy vanishes online (DJS)

Orin Kerr critiques the 11th Circuit on email and the Fourth Amendment (DJS)

Identification by your germs (DJS)

Interview of Professor William Stuntz (DJS)

Professor Eric Goldman on the proposed federal Anti-SLAPP Bill (DJS)

Important advice for new profs: DO NOT make jokes (online or otherwise) about killing your students. (kw)

FTC Report: ID theft is down but overall fraud is up (DJS)

Balkin on reconciliation vs. filibuster (DJS)

Schneier: Security cameras don't reduce crime (DJS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • A.J. Sutter on Test Executive Pay by Contract Law, not Delaware Corporate Law

    • A.J. Sutter on What Do We Gain From Transparency? Or Metrics for Open Government

    • PublishingProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • Logan Roise on Snyder v. Phelps: Intentional Infliction of Emotional Distress and the First Amendment

    • ParanoidProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • Miriam A. Cherry on Milgram on T.V.

    • Kimball Robinson on Snyder v. Phelps: Intentional Infliction of Emotional Distress and the First Amendment

    • unpublished on Spring 2010: Is the Window Open? (re-re-bumped)

    • bimme on Googling Employees: Why Your Online Reputation Matters

    • Diell on Should We Have Professional Juries?

    • new anon on Spring 2010: Is the Window Open? (re-re-bumped)

    • Aspirant on Spring 2010: Is the Window Open? (re-re-bumped)

    • Anonymous Above on Spring 2010: Is the Window Open? (re-re-bumped)

    • InquiringMind on Spring 2010: Is the Window Open? (re-re-bumped)

    • Aspirant on Spring 2010: Is the Window Open? (re-re-bumped)

  •  

    Site Meter

Shareholder Wealth Maximization in Action

posted by Dave Hoffman

845798_remedy.jpgFrom the WSJ comes an article about how the slow flu season hurt the profits of some companies. The article quotes several executives complaining that Americans (initial) resistance to illness hurt their balance sheets.

Thus, Walgreen CEO Jeffrey Rein, speaking to shareholders, said “If attendees of the meeting needed to cough, he joked, they should leave the room and ‘go to a movie theater or on a bus’ to spread their germs. ‘We’re really hoping for a very strong flu season’.” While P&G CEO A.G. Lafley said on a quarterly analyst call: “Unfortunately, people have not been getting sick at a rate that we would all like yet.” Finally, LifePoint Hospitals CFO David Dill mused that “You have a strong flu season, and the ancillary business is very profitable . . . On the pediatric side, young kids coming into the hospital, that’s a nice margin for us, as well.”

I’ve got to think that these officers wish they could take some of this back, at least as phrased. And as reader S.B. pointed out, Rein’s comments in particular raise red flags. I think it fair to assume that most OTC remedies for the winter flu are sold to concerned parents, despite the recent recall and health warnings. If Walgreen’s intends to profit off of the flu season, and in particular in the sale to parents of potentially harmful meds, plaintiffs lawyers should smell blood in the water when bad outcomes occur.

Further, I think the article highlights how invested sectors of the economy are in a status quo of reactive, medicated, health care delivery. I don’t mean to be dramatic, but it is worth pointing out that there is quite a bit of money (not to mention employment) riding on the continuing dysfunction of the health care system.


 April 6, 2008 at 1:06 am   Posted in: Corporate Law, Health Law   Print This Post Print This Post

Responses (4)

  1. Jeff Lipshaw - April 6, 2008 at 12:30 pm

    The CEOs may simply be more honest than others who also support themselves from the pain and suffering of others, including but not limited to lawyers (both plaintiff and defense), dentists, doctors, insurance agents, mechanics installing FRAM oil filters (“you can pay me now or pay me later”), marriage counselors, fire and flood restoration services, 24-hour emergency service sewer and drain cleaners, asbestos removal companies, and tax accountants.

  2. Jeff Lipshaw - April 6, 2008 at 12:30 pm

    The CEOs may simply be more honest than others who also support themselves from the pain and suffering of others, including but not limited to lawyers (both plaintiff and defense), dentists, doctors, insurance agents, mechanics installing FRAM oil filters (“you can pay me now or pay me later”), marriage counselors, fire and flood restoration services, 24-hour emergency service sewer and drain cleaners, asbestos removal companies, and tax accountants.

  3. Daniel Goldberg - April 6, 2008 at 11:07 pm

    No offense, Dave, but of course. Do you think it’s an accident that we spend on the ratio of 19:1 on acute care/related biomedical research vs. public health and prevention even though there is robust evidence that investment in the former barely improves population health while investment in the latter significantly improves the latter?

    It’s not like this is new evidence, either. Though it has arguably reached critical mass recently, it’s been around for years. I’ve had personal conversations with federal policymakers acknowledging that public health policy on both the federal and the state level is not evidence-based.

    There is an enormous investment in the status quo; there is tremendous money being made in treatment, and we have not yet figured out any systematic ways to capture significant rents from public health and prevention (which isn’t to say we couldn’t, but it’s not obvious how we could, which creates significant friction to disrupting the revenue streams available in the present arrangements).

    This goes through all levels of our health care delivery and financing arrangements. Why do we continue to rely so heavily on technical innovation, when there is little doubt that we have all the technology that we need — and then some — to reduce mortality and human suffering significantly, but our translational system is piss poor, frankly. Moreover, there is good evidence that such investments in technical innovation are a significant factor in our hyperinflationary health care costs (estimates go as high as 40%) and actually drive disparities, in addition to subsidizing expensive, inefficient speciality care while disincentivizing primary care, the latter of which is, based on the evidence, far more likely to improve population health in the long run.

    The significant rents available in the status quo is a major reason the U.S. health care nonsystem is so screwed up. Don’t interpret this as a diatribe against market forces — I’[m acknowledging just how powerful they are. If we can find ways of harnessing that in ways that we have reason to believe will significantly improve health and reduce human suffering, I’m all for it. But it’s hard to pretend we’ve really tried to do that thus far; nor is it easy to imagine why private firms would suddenly up and assume the significant transactional costs attendant to switching regimes.

    JMO.

  4. Victor - April 7, 2008 at 8:01 am

    Perhaps statements like these explain the popularity of a movie like V is for Vendetta, which suggests that companies had a profit motive to keep a plague going. (or am I mixing up movies?!?) see

    http://www.youtube.com/watch?v=7i8b7YwMWhs

    at 0.50

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Nate Oman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Robert Ahdieh
Lisa Fairfax
Michelle Harner
Sherrilyn Ifill
Angela Onwuachi-Willing
Tuan Samahon
Alfred Yen










Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Adam Benforado
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Kristin Johnson
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Adam Steinman
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress