An Early Community-Based Intervention for the Prevention of Substance Abuse and Other Delinquent Behavior

This paper presents the results of an evaluation of an early intervention, risk-reduction strategy versus a standard intervention approach in the treatment of inner-city youth at high risk of adopting a deviant lifestyle. It examines baseline and 1-year follow-up information provided by 408 youth admitted to 2 community-based Baltimore City Youth Bureaus offering counseling services for neighborhood youth referred for delinquent and other problematic behavior. In the study, one of these bureaus served as the experimental intervention clinic and the other as the control, or standard intervention, clinic. Outcome measures involved substance abuse; sexual activity; contact with juvenile authorities; and delinquent activity, including violence-related activity. Regression analyses of outcome measures revealed significant differential results for delinquent activity, which favored the experimental intervention. Relationships between risk/protective factors and outcome are discussed.     

US: hospital negligent for failing to warn prior patient of risk of HIV infection by transfusion

The Supreme Court of Tennessee has ruled that a university hospital was negligent for not contacting patients who had received blood transfusions in the early 1980s to advise them of the risk of HIV infection. In Amos v Vanderbilt University, it awarded US$4.3 million in damages to the estate and family of a woman who died eight years after receiving HIV-tainted blood during surgery.     

Court dismisses appeal for right to assisted suicide

On 29 November 2001, the Ontario Court of Appeal issued a lengthy decision overturning a lower-court judgment in favour of three hemophiliacs infected with HIV in 1985 through contaminated blood-factor concentrate. The joint decision in the three cases of Robb, Rintoul, and Farrow is the latest decision in litigation dating back to 1992. The plaintiffs alleged negligence by the Canadian Red Cross Society and the Canadian government for delays in introducing heat-treated concentrate after the risks posed by unheated product were known.     

Tax Court allows tax credit for herbs and vitamins, not for massage

In August 2001, the Tax Court of Canada issued its most recent judgment on the tax deductability of expenses for complementary/alternative therapies. The decision in Pagnotta v Canada is significant for people with HIV/AIDS who use such therapies. It also illustrates how provincial and federal laws regulating health-care practitioners and natural health products have a financial impact on the cost of accessing treatment.     

Report on complementary/alternative health care and HIV/AIDS

In 2001, the Canadian HIV/AIDS Legal Network published a lengthy report on Complementary/Alternative Health Care and HIV/AIDS: Legal, Ethical & Policy Issues in Regulation. The document is the first in a series of papers to be produced by the Legal Network on priority legal and ethical issues related to HIV/AIDS care, treatment, and support. The article below summarizes the contents of the report.     

WTO ministerial conference adopts declaration on TRIPS and public health

In November 2001, the 4th Ministerial Conference of the World Trade Organization adopted a Ministerial Declaration on public health and the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement"). The declaration represents a modest advance in addressing concerns that strict patent laws, and threats of trade sanctions, will be a barrier to most of the world's people with HIV/AIDS accessing affordable medicines. The full significance of the declaration remains to be seen, as it depends on what political impact it has at the WTO and on its member countries, and what legal impact it will have in the interpretation of the TRIPS Agreement.     

WTO: US and Argentina settle dispute over patents and data protection

In May 2000, supplementing an earlier complaint filed in May 1999, the US filed a complaint against Argentina, alleging that its patent laws violate the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property (the TRIPS Agreement). The gist of the US complaint was that Argentina's law failed to provide: (1) adequate protection against "unfair" commercial use of undisclosed test data submitted in order to get market approval of pharmaceutical products; (2) certain safeguards for compulsory licences on an invention granted on the basis of inadequate working by the patent holder; and (3) adequate measures to prevent infringements of patent rights. The US also alleged that Argentina denies certain exclusive rights of patent holders, such as the exclusive right to import the patented product into the country. At the end of May 2002, the US and Argentina notified the WTO that they had reached a "mutually agreed solution," without prejudice to their respective rights and obligations under WTO agreements, and the US has withdrawn its complaint.