New
drugs and devices should be considered experimental after approval until proven
otherwise. bit.ly/Mj4tUm
By SHANNON BROWNLEE
& JOE COLUCCI
JUL 11 2012, 11:11 AM ET 1 (FiDA blog bold)
We can't trust drug companies to disclose product
safety hazards when they stand to gain so much from fudging the facts.
When British drugmaker GlaxoSmithKline (GSK)
agreed to pay $3 billion
in criminal and civil fines for illegal marketing of several drugs and hiding
safety from the U.S. Food and Drug Administration (FDA), it probably seemed to
many people like fitting punishment. It's the largest fine ever levied against
a pharmaceutical company, and the civil and criminal charges against GSK
included marketing its antidepressants Paxil and Wellbutrin for unapproved
(read: unproven) uses, giving Medicaid false information about prices it was
charging for the drugs, and failing to report patient safety data about
diabetes medication Avandia to the FDA. But even $3 billion is probably not
going to get GSK to change its ways -- and fines
do virtually nothing to protect patients.
When it submitted false price information to
Medicaid, GSK was harming taxpayers, a financial crime that is amply repaid by
the $300 million the company is paying for that offence. But discouraging
future bad behavior is a different story, because GSK is one of the world's
biggest drug makers, with annual revenue
of more than $40 billion. A $300 million fine starts to look like just the
cost of doing business when spread over the period of time when the company was
bilking Medicaid.
Fines
are even less effective when it comes to preventing patients from being
physically harmed. GSK is accused of illegally marketing two
antidepressants -- Paxil for depression in adolescents, and Wellbutrin for
weight loss, substance addiction, ADHD and other problems. Paxil has been shown
to have significant side-effects, including triggering
suicidal thoughts and behavior in some patients, and neither
antidepressant is much more effective than a sugar pill in the vast majority of
patients with depression. Fining the
company after the fact doesn't do much for the patients who have already been
hurt by their marketing practices.
That's even more the case for GSK's egregious
behavior regarding its diabetes drug Avandia. When a new drug comes on the
market, sometimes the FDA will ask or require that the manufacturer to do a
study, called a post-marketing trial, to look for rare side effects and
establish whether the drug is safe over the long term. That's important because
often the clinical trials that are done before a drug is approved aren't big
enough, and don't last long enough, to say whether a drug is safe to use over a
long period.
With Avandia, GSK fudged the results of those
post-marketing trials. The company claimed that its RECORD (Rosiglitazone
Evaluated for Cardiac Outcomes and Regulation of Glycaemia in Diabetes) trial showed no
evidence that Avandia caused heart attacks or other cardiac
diseases. But when outside researchers looked at the data they found massive
irregularities and plenty of cases of harm, including patients who died and
then mysteriously disappeared from the clinical trial records.
GSK
hasn't admitted anything more than "inadvertently" failing to inform
the FDA of problems, and the fine isn't going to protect patients from future
Avandias. What we really need is a better system for tracking drugs once they
are on the market.
Right now, we leave this crucial task to the very
companies that have every reason to fudge data, ignore problems -- even deaths
-- and keep doctors and patients in the dark, because they are making too much
money to do otherwise. At its peak, Avandia earned GSK $2.2 billion a
year. It was a phenomenally lucrative drug. The $250 million levied
against the company for that part of the fine amounts to less than a slap on
the wrist.
The
solution isn't stiffer punishments for fraud -- we should take away the power
to do harm in the first place. That means we need to stop
giving drug companies the opportunity to sell out patient safety in exchange
for another few months or years on the market. The simplest way to do that is to have automatic, external post-market
surveillance for all new drugs.
Any new drug should be considered by both
patients and doctors to be experimental for the first few months, or even years
it is on the market, and the FDA should treat the approval of the drug as
provisional. (The same goes for new medical devices.) For at least two years, any patient who might receive a new drug or
medical device has to be fully informed of its known side effects, and of its
experimental status. Data on those patients should be tracked
(anonymously), and compared to patients receiving other treatments. Most
importantly, automatic algorithms can search those data for patterns revealing
any negative effects of the new product, so safety problems can be caught
quickly.
An
automatic review system would be a huge improvement on our existing review
process. It would take the burden of reporting off manufacturers, and let them
focus on developing new treatments instead of monitoring old ones. It would
remove the financial conflict of interest that encourages companies to hurt
patients in order to squeeze a few more months or years of sales out of a new
product before problems finally surface. (The only reason Avandia's
tendency to kill patients came to light as quickly as it did is because a
sharp-eyed cardiologist named Steve Nissen at the Cleveland Clinic happened to be looking at European
data that clearly showed
the drug was dangerous.)
Perhaps most importantly, it would force us to
admit that we don't truly know that our treatments are safe when we start using
them -- and that would give patients a chance to be more informed about their
choices. That seems like a better system that letting companies kill patients,
and then pretending to fix the problem by slapping them with fines every few
years.
SHANNON BROWNLEE &
JOE COLUCCI - Shannon Brownlee is the acting director of the
health policy program at the New America Foundation. She has written previously
for The Atlantic, New York Times Magazine, and The New
Republic, among others. Joe Colucci is a research associate in the New
America Foundation's Health Policy Program and editor of the program's New
Health Dialogue blog.
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