Joint replacements are the #1 expenditure of Medicare. The process of approving these medical devices is flawed according to the Institute of Medicine. It is time for patients' voices to be heard as stakeholders and for public support for increased medical device industry accountability and heightened protections for patients. Post-market registry. Product warranty. Patient/consumer stakeholder equity. Rescind industry pre-emptions/entitlements. All clinical trials must report all data.
Please share what you have learned!
Twitter: @JjrkCh

Tuesday, June 10, 2014

Surgical Mesh Harmed Patients call on Attorney General: Dangerous Product




Posted: Monday, June 9, 2014 12:33 pm
Injured Women Call on Washington Attorney General to Investigate
Johnson & Johnson:

Washington Women Cite Injuries and Public Health Care Costs in Letter to AG Ferguson
Olympia, WA – Washington women who have been seriously injured by pelvic mesh implants asked Washington Attorney General Bob Ferguson to investigate Johnson & Johnson for its dangerous pelvic mesh implants, citing their personal health problems and costs incurred by Washington taxpayers.
“We ask that Attorney General Ferguson investigate Johnson & Johnson and its CEO Alex Gorsky for selling dangerous products to women throughout the state of Washington. The damage this product has caused already has cost taxpayers too much money through Medicaid and other state public health systems,” stated Jane Akre, who has been organizing survivors of pelvic mesh implants for more than five years.
“Across Washington, women are being hurt by Johnson & Johnson’s dangerous products, and the company’s top executive, CEO Alex Gorsky, needs to be held accountable for the women he has hurt,” added Akre. “Pelvic mesh implants are perhaps the most dangerous product to women’s health on the market today. Gorsky should immediately take this dangerous pelvic mesh product off the market.”
More than 70,000 separate lawsuits have been filed against manufacturers of pelvic mesh implants. Local survivors in Washington signed onto today’s request for an investigation.
"Johnson & Johnson should be investigated because too many have suffered too long, and they need to bring a stop to it,” stated survivor Danyelle Robinson of Washington. “Something has to be done to assure there are substantial penalties."
See the letter to Attorney General Ferguson directly below.
# # #
June 9, 2014
By Facsimile: 206-587-5636
The Honorable Bob Ferguson
Attorney General
Washington State Office of the Attorney General
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
Dear Attorney General Ferguson,
As survivors of pelvic mesh implants and Washington taxpayers, we request that your office immediately begin investigating whether Johnson and Johnson should be held liable for expenses incurred by the state as a result of dangerous and defective pelvic implants.
Johnson and Johnson is the largest producer of pelvic mesh implants in the world. This product is creating a health crisis among women across the state of Washington, which in turn is resulting in significant costs to the states' public health systems.
Specifically, we ask for you to investigate Johnson and Johnson and its Chairman Alex Gorsky for possible violation of section 19.86.20 of the Revised Code of Washington for deceptive and fraudulent business for their knowledge of the danger of the mesh implants and the public health systems’ costs to the taxpayers of Washington.
This request follows the recent revelation by a West Virginia court that Johnson and Johnson destroyed numerous documents relevant to lawsuits filed against the company by thousands of women across the United States who have been seriously injured by the company’s pelvic mesh implants.[1]
It is critical that the Washington State Office of the Attorney General pursue this matter to recoup the state taxpayer dollars Medicaid and other public health systems have been and will be forced to spend to treat women who have been injured. Action by the state attorney general will also demonstrate that a major U.S. corporation should not destroy evidence in judicial proceedings. The destruction of this evidence undermines the ability of Washington women who have been hurt by Johnson & Johnson to receive justice.
Background
In the last few years, medical device manufacturers including Johnson & Johnson have come under fire for marketing dangerous medical devices, drugs and other consumer products, often without receiving proper regulatory approval. Many of these companies, including Johnson & Johnson, have paid billions of dollars in fines in litigation and settlement costs and made repeated pledges of reform, yet continue to display an indifferent attitude toward the harm they have caused as well as a willingness to evade the law.
Currently, Johnson & Johnson faces thousands of product liability lawsuits relating to the company’s pelvic mesh implants, marketed most commonly as treatment for pelvic organ prolapse and stress urinary incontinence. There are estimated to be hundreds of thousands of women that have been – and continue to be - implanted with these dangerous products. Women have suffered severe pain and injuries due to ineffective and dangerous implants.
Investigations into the pelvic mesh products produced by several companies, including Johnson & Johnson, date back to before October 20, 2008, when the FDA first issued a Public Health Notification.[2]
Beginning in March 2005, Johnson & Johnson sold one of its most popular devices, the Gynecare Prolift, without alerting the Food and Drug Administration for three years. When the FDA was made aware of the Prolift device, the agency informed Johnson & Johnson that the device required government approval.[3] In May 2008, the Prolift was cleared for sale under the 510(k) process under the claim of “substantial equivalence” to devices already on the market. It had never been rigorously tested nor demonstrated effective in clinical trials.[4]
Further indicating Johnson & Johnson knew how harmful pelvic mesh implants were but nevertheless continued marketing the defective product to unsuspecting women, the company destroyed thousands of documents regarding the implants. Although top company executives initially denied it, a magistrate judge found that Ethicon, a wholly owned subsidiary of Johnson & Johnson that manufactured the implants, destroyed documents pertaining to their effectiveness and safety as far back as 2007.[5] Alex Gorsky, the current Chairman and CEO of Johnson & Johnson, was named head of Ethicon in 2008, before most of the documents were destroyed, and has continued to oversee it in his climb through the company’s ranks.[6]
Apparent Violation of Law
Johnson and Johnson and its CEO Alex Gorsky may be in violation of section 19.86.20 of the Revised Code of Washington for unfair or deceptive business practices concerning both his corporation’s knowledge of the inherent danger of the mesh implants as well as the document destruction.
The Washington State Office of the Attorney General has the authority to conduct a comprehensive and thorough investigation into whether Johnson & Johnson, in the course of advertising, soliciting, selling, promoting and distributing pelvic mesh implants, has engaged in a course of trade or commerce that constitutes unfair or deceptive acts or practices, and is therefore unlawful under the Washington consumer protection laws by misrepresenting the safety of pelvic mesh implants.
The fact that Johnson & Johnson has offices and conducts business throughout Washington only adds to the importance of your office pursuing this matter.
Johnson & Johnson also may have violated Washington Case Law pertaining to destroying physical evidence in an official proceeding.[7] In Pier 67, Inc. v. King County, the Court held “where relevant evidence which would properly be a part of a case is within the control of a party whose interests it would naturally be to produce it and he fails to do so, without satisfactory explanation, the only inference which the finder of fact may draw is that such evidence would be unfavorable to him.”[8] Culpability turns on whether the party acted in bad faith or whether there is an innocent explanation for the destruction.[9]
After initial denials by top executives, it is now clear that Johnson & Johnson destroyed thousands of documents related to Ethicon’s development and marketing of pelvic mesh implants.[10]
Johnson & Johnson is one of the world’s largest corporations whose products are used not only by women but also children and men. This investigation is urgently needed as the lives and safety of so many women in Washington and across the United States depend on it.
Please do not hesitate to contact us if we can provide any further information. Thank you for your consideration.
Sincerely,
Patricia Buchanan – Seattle, WA
Danyelle Robinson – Spokane, WA
Mary Wakefield – Colbert, WA

Elizabeth Weber – Spokane, WA

Saturday, June 7, 2014

J&J Morcellation Surgery Device May Unleash Deadly Cancer


 Morcellation Surgery: When CuttingEdge Kills

How Many People Have To Die To Show A New Surgery Technique Isn't Worth It?
By Harriet Brown  Photograph by Jamie Young  FiDA Highlight

On good mornings, Hooman Noorchashm wakes early, a relic of the days when he rose at 4:30 am for surgical rounds at Brigham and Women's Hospital. He pads through the quiet house to pop a coffee pod into the machine, then heads for his home office, where, over the course of the day, he will calmly, deliberately compose and send dozens of emails.






Doctor. Mother of six. Stage 4 cancer patient. Amy Reed may not have much time to live, but she's making sure her death won't be in vain.

His wife, Amy Reed, sleeps till 6:30 am, when she slips on a red Phillies T-shirt, snugs a maroon jersey cap over her stubbled head, and begins the work of getting six children under 12 ready for the day. An anesthesiologist at Beth Israel Deaconess Medical Center, Reed was on the team that treated both the Boston Marathon bomber and his victims. She is by nature even-keeled. You'd want her as your anesthesiologist. You'd want her sharp intelligence and steady presence with you in the OR. She and her husband aren't people who "do drama," as they put it. They're experienced doctors who argue logically rather than raise their voices or yell or cry.
On good mornings, then, in the face of events that have devastated their family, this composure seems both a gift and a burden. Last fall, a routine hysterectomy seeded cancer throughout Reed's abdomen. The hysterectomy didn't cause the cancer, but it very likely transformed it from stage 1 disease, with a 60% 5-year survival rate, to stage 4 disease, with a grim prognosis. About 85% of women like Reed are dead 5 years after diagnosis.
Reed's surgeon, one of the best in the country, wasn't to blame for the catastrophe. Nor was this a random disaster, the kind of bad-luck bolt from the blue that can strike anyone—the brick falling off the building, the truck spinning on the icy highway. The cancer upstaging was a preventable consequence of a surgical technique, one that is still being used in operating rooms around the country.
And this is what Noorchashm and Reed can't bear. This is what keeps him doggedly online, in the research, on the phone, whether he's home or sitting by Reed's hospital bed or driving her to and from chemo. The effort has led to international attention, much of it critical. Noorchashm's incendiary question: When new technology makes medicine cheaper and more convenient, how many patients have to die to prove it's not worth it?

"People have faulted my husband's enthusiasm," Reed says of Noorchashm. "But women are having this surgery right now." 
On good mornings, his arguments land as powerfully as his wife's even gaze. "People have faulted my husband's enthusiasm," Reed says on one of those mornings. "But women are having this surgery right now. Today. And they're going to have their lives destroyed, just like ours."
This year, more than half a million women in the United States will undergo hysterectomies. The majority will be between 40 and 55 years old, and, like Reed, most will have the surgery for fibroids, benign growths in the uterus that can cause pain, bleeding, and other symptoms. Five years ago, only about 12% of these surgeries were performed laparoscopically, done through incisions just big enough to fit a scope and tiny camera. Last year, nearly 30% were done that way, and the numbers were considered likely to rise.
Compared with traditional open abdominal procedures, laparoscopic surgeries were said to result in shorter hospital stays (and, therefore, lower costs for insurers), faster healing, less pain, fewer infections, and smaller scars. Still, when Reed first discussed hysterectomy with her surgeon, she asked for an open operation, despite the larger incision and longer recovery time. "I said, ‘I'm an anesthesiologist. I know how they operate. I'd rather have them see what they're dealing with and not mess around with little holes,' " she recalls. "Laparoscopic surgery's not all it's touted to be sometimes."
She'd known about her fibroids for a while, but the bleeding and pain had ramped up dramatically during her last pregnancy. Her husband arranged a consult with a colleague, Michael Muto, who directs the gynecological oncology fellowship at Brigham and Women's, which is Harvard's teaching hospital and an industry standard-bearer. As Reed remembers, Muto reassured her that the problem was "a no-brainer"; she'd have her uterus removed, and that would be that. "He told me, ‘This is not cancer, it's not anything terrible, this is what fibroids do.' " She says this quietly, matter-of-factly, 3 months later, sitting in the sun-splashed living room of a white clapboard house on a narrow street in the Boston suburb of Needham. From time to time she reaches under her cap to rub at a spot where her hair is starting to grow back, white fuzz now laced through the dark.
Muto said no surgeon would do what she wanted. You're young and healthy, Reed remembers being told; there's no reason in the world to have this done as an open surgery. "Dr. Muto wears a nice white coat with the Harvard emblem on it," says Noorchashm, sitting across from Reed. "He's my colleague, and we trust our own establishment." He pauses, and then corrects himself. "I trusted the establishment."
So Reed had MRIs and biopsies to check for cancer, as is standard before a fibroid operation, and went ahead with the laparoscopic hysterectomy. She went home that afternoon, and everything was fine until the surgeon called 8 days later to say that the pathology report showed leiomyosarcoma, a cancer in her uterus. And nothing has been fine since then.

Imagine a hive filled with angry bees flying this way and that, buzzing, darting, stingers at the ready. Now picture that hive inside a woman's belly, where at any moment the bees could explode through the body, wreaking the deadliest kind of havoc. The hive, says Noorchashm, is a good metaphor for a sarcoma, a kind of cancer that can grow anywhere in the body. He's operated on sarcomas and knows that the way to handle them is to carefully remove them in one piece. Now imagine inserting a long spinning saw—something like a handheld blender—into the hive while it's still inside the woman's body and cutting it up into tiny pieces. "What's going to happen," says Noorchashm, "is a million bees are going to come out and you're dead."
That saw is called a morcellator, and over the past 10 years or so, it's become standard procedure in laparoscopic surgeries to remove fibroids, the uterus, or both. "Morcellation prevents you from having to make a larger incision," says Larry Kaiser, dean of the Temple University School of Medicine. "You couldn't take the uterus with fibroids out through these small ports used for the camera and instruments."
The trouble is, some cancers—like leiomyosarcoma—don't show up on biopsies or MRIs done before surgery. If a woman's uterus is morcellated inside her body, cancer cells are spewed around the abdomen, where they cling to internal organs and, inevitably, grow. Even benign tissue that's morcellated can implant in the abdomen and trigger pain, bowel obstructions, and other problems.

Morcellation is what Reed and Noorchashm want to stop, arguing that it's unacceptable if there's any chance of hidden cancer—and there's pretty much always a chance. "It's flawed surgical procedure," says Noorchashm. Some ob-gyn surgeons say morcellation is safe if it's done in a containment bag, something like the bag inside a vacuum cleaner. Noorchashm disagrees. Bags can break, he says, especially when you're using a rotating power saw. Instead, he and Reed want surgeons to remove the whole, unmorcellated uterus vaginally when they can, and do the old-fashioned open surgery when they can't.
On the day Reed got the bad news, Noorchashm was down at Duke, preparing for surgery. After he got the call, he scrubbed out, booked a ticket home, and left. In the cab on the way to the airport, he called Muto, who told him what he'd already told Reed: Leiomyosarcoma is so rare there are no protocols for treating it, no best practices, no good survival statistics. Some doctors do nothing, waiting to see if it comes back; some start chemotherapy to try to stave it off; some schedule surgery to clean out anything that's already growing.
Noorchashm was horrified, both by the stark reality of the facts and by the offhand way he felt they were being delivered. "In my mind, when I hear sarcoma, and the sarcoma has been broken up inside, that's a five-alarm fire," he says. "And here's a surgeon thinking, We have three options, including watching and waiting. That's like taking a water gun and shooting at a five-alarm fire."
That day in the Raleigh-Durham airport, an advocate was born. Noorchashm began researching, making phone calls, and sending hundreds of emails to anyone he thought might make a difference—family, friends, colleagues, doctors, researchers, journalists, editors of medical journals. He and Reed (who at the time felt physically fine despite the cancer inside her) created a petition on Change.org calling for a ban on the practice.
Doctors and administrators maintained that what happened to Reed was unfortunate but incredibly rare and that it didn't make sense to abandon morcellation—a convenient and widely usable technique—because of such an unusual occurrence. The largest professional organization for ob-gyn surgeons, the American Association of Gynecologic Laparoscopists, issued an official statement disagreeing with putting limits on the procedure.

Some ob-gyns pointed out that the alternative laparoscopic techniques (removing tissue vaginally or morcellating in a bag) aren't an option for women with large fibroids—and worried that restrictions would lead to thousands of unnecessarily invasive open surgeries. These can cause more blood clots and infections, both of which can be lethal, says Joseph Ramieri, an ob-gyn surgeon and professor at Mount Sinai School of Medicine. "I'm not defending morcellation—as a technique, it leaves an awful lot to be desired," he says. "But it needs further study before we put limitations on it."
Noorchashm and Reed were asking for a huge shift in medical practice, and physicians, especially surgeons, can be slow to change, says Brian Van Tine, a physician who heads the Sarcoma Program at Barnes-Jewish Hospital in St. Louis. Part of the resistance was likely financial. If, say, half of the women who have hysterectomies have abdominal surgery rather than laparoscopy and must spend an extra day or two in the hospital, that's a lot of extra costs for insurance companies to cover. "Morcellation saves money," Van Tine says, "and these surgeries are a huge moneymaker."
As a result of the couple's efforts, new information emerged about just how uncommon leiomyosarcoma really was. Reed says that Muto, who refused to comment for this story, told her the cancer affects 1 in 10,000 women, but that statistic was based on the population at large. Among women with symptomatic fibroids, the number may be closer to 1 in 415, Noorchashm discovered—incredibly, from a paper listing Muto himself as a coauthor. In fact, Reed was the second woman within a year whose cancer was upstaged by morcellation at Brigham and Women's Hospital alone. The first woman has since died. Since Reed's surgery, at least five other women around the country whose cancers were upstaged by morcellation have come forth. And there are certainly others out there.

Though Reed's odds of living to see her youngest son graduate from high school are slim, she chooses not to focus on the numbers. 
As the winter progressed, Reed committed herself to doctors' visits and weighing treatment options—and remaining an upbeat, present mom to her children. Noorchashm stayed up nights writing strongly worded letters, posting comments on every website remotely relevant to the cause, and having strategic conversations with anyone who would talk to him. The only resulting change he saw was in his own reputation. He'd gone from star surgeon to social leper, shut out of the operating room at his own hospital (though he can't prove it was because of the campaign) and avoided by colleagues and former friends. "They closed ranks on me," he says now, with sadness in his voice. "I broke the white code of silence; I hung out our dirty laundry."
But he pushed on. He contacted hospital executives, the FDA, legislators. In return, his bosses at Brigham emailed faculty and staff warning them not to talk to Noorchashm and to speak to the hospital's chief medical officer if contacted by Noorchashm. Gerald Joseph, vice president of the American Congress of Obstetricians and Gynecologists, wrote to a colleague about Noorchashm: "Nothing is going to create any peace in this man."
And then, in February, something shifted. Kaiser (the dean at Temple) passed Noorchashm's materials to the head of gynecology, who responded by making the institution the first to ban open morcellation, requiring surgeons to use an isolation bag or not morcellate at all. Within weeks, another hospital got on board: Rochester General Health System declared that its surgeons wouldn't morcellate without a bag. Noorchashm wasn't satisfied—the bags could break, he said. He carried on with his campaign.

At the end of March, 5 months after the surgery that spread Reed's cancer, Brigham and Women's—Noorchashm's own employer—did the thing no one expected. The same administrators who had shaken their heads at this angry, disenfranchised surgeon finally acknowledged his case. They banned fibroid morcellation without a bag. Then, in mid-April, the FDA came out with a new analysis: A shocking 1 in 350 women seeking the removal of symptomatic fibroids has a hidden cancer, it said. The FDA issued an advisory strongly discouraging the use of morcellation, crediting Noorchashm with bringing the issue to its attention. More institutions, including the University of Pennsylvania Health System and Cleveland Clinic, changed policies. And Johnson & Johnson, the biggest morcellator maker in the United States, suspended production and sale of the tool. Noorchashm's life was shattered, but he had achieved much of his goal. "We have the privilege of being able to give meaning to what's happened to us," he says. "That gives us strength."
But he and Reed aren't finished. The FDA will hold a hearing in July, and Noorchashm expects it to be contentious. "That's when the likes of Gerald Joseph"—the man who said that Noorchashm would never find peace—"will come in with their suits and their lawyers and make arguments about the 'benefit of the majority,' " he says. "But medicine is not a popularity contest. You have to practice in a way that every single person matters."
Reed knows her chances of living to see her youngest son graduate from high school are slim. She copes, in part, by resisting the urge to focus on probabilities. The first time she Googled leiomyosarcoma—the day the surgeon called her—was also the last. "If your chance of living is 30% versus 70%—I don't even know what to do with that," she says. "You don't live 30%. You live or die. And either way, today I could be hit by a car."
She certainly wasn't the type to wait around for her cancer to spread. She opted instead for a radical procedure, performed by only a few surgeons in the country. The Sugarbaker operation, named for its inventor, Paul Sugarbaker, is a brutal 9-hour surgery that removes all visible evidence of sarcoma, as well as the patient's appendix, gallbladder, omentum (the fatty covering of the intestines), and peritoneum. Once the organs are gone, surgeons pour heated chemotherapy into the abdominal cavity and let it sit for 90 minutes. Sugarbaker told Reed that if the surgery went well, she'd have an 80% chance of having no recurrence in her belly in 10 years. In other words, she'd be back to baseline, back to where she would have been if the cancer had not been upstaged. "That was the best number I'd heard," she says, her eyes a little teary for the first time. So in November, she and Noorchashm flew to Washington, DC, for the surgery. Before getting on the plane, she nursed her youngest son, then 14 months old, for the last time and handed him to her mother.

Reed's recovery was more grueling than she'd anticipated. She couldn't eat for 10 days and lost 20 pounds. The incision, which runs from her sternum to her pubic bone, was so taut she couldn't stand up straight for weeks; even now she sometimes hunches to minimize the pain. Once that healed, she started on a course of chemotherapy, which just finished. And now comes the hardest part. "I'm afraid to be done with chemo," she says one afternoon, her youngest son curled on her lap under a blanket. "At least I was poisoning the cancer. Now what happens? Now I wait?"
Her son sits up suddenly and grabs a plastic hippo, making it clomp across the kitchen table. Reed holds the boy loosely, one arm across his legs, and when he slides off her lap to chase a squirrel from one window to another, she lets him go without hesitation. She's started making plans for the near future, for the time when they can get back to some semblance of normal life. She's maintained a research lab over the past 10 years, and she and Noorchashm are talking about working together to study, and ultimately defeat, leiomyosarcoma. "We have the know-how, and we certainly have the drive," she says.
At 2 am the house is quiet. Reed and the children sleep upstairs, but Noorchashm is still awake downstairs. He sits alone in a small pool of light, staring at a bronze statue on the mantel: St. George on his horse, his magical spear poised to slay the dragon. In the story, George kills the dragon to save not just the princess but also the rest of the town's children, who were being fed to the dragon one by one to appease it.
It's a metaphor, Noorchashm thinks. No, it's more than a metaphor; it's the new story of their lives, a fight to the death with the powerful creature that has changed their world forever. The horse is the media and doctors he's rallying to the cause; the shield represents the status of being a cardiac surgeon at Harvard. In some versions of the myth, the princess lives but George winds up dead; in others they get a happily-ever-after ending.
Noorchashm is a realist; he knows that odds are he will lose his wife sooner rather than later. He may also lose his career, but he's not worried about that just now. He's focused on the moment, the here and now. This fight he and his wife are immersed in, a fight not of their choosing.

He taps his long surgeon's fingers against the metal, sets the statue down on the desk, pulls the laptop closer, and opens a new email. He is not just George but the spear itself, aimed at the dark and bitter heart of the monster.

Thursday, June 5, 2014

FDA Regulators and Gynecologists Duped by Medical Device Manufacturer?: Essure Patient Harm Mounts



Posted by Zuzanna Fimińska [1] on May 28, 2014
The permanent method of contraception for women continues to cause controversy, but evidence seems lost amidst the heated debate. Personal stories dominate the discourse, and while the medical community appears divided, the media demand a response from Bayer, which hides behind a generic statement.
Since 4th November 2002, Essure’s approval date, through 25th October 2013, the FDA received 943 reports of adverse events related to the product. The most frequently reported adverse events were pain (606), hemorrhage (140), migration of the device or device component (116), patient device incompatibility (113),and device breakage (37), among others1. Only three of those adverse events were featured in the information booklet that accompanied the procedure, and, according to the women we spoke with, doctors who performed the procedure weren’t informed about possible side effects either.
The original pamphlet contained incomplete and misleading information
“I was absolutely not well-informed about the risk-benefit profile before undergoing the procedure,” said Angie Firmalino, who founded the Facebook group called Essure Problems [2] in 2011, two years after undergoing the procedure. The group now has 7,635 members, and adds 25-50 new members each week. “I received a pamphlet that looked like a vacation brochure. Perforations, migrations, and other side effects were not listed in it,” she said, adding that her OBGYN also failed to provide adequate information concerning possible side effects.
The pamphlet has since been updated. It now features possible side effects as well as a disclaimer that it is “not intended to be comprehensive as all women have individual needs and concerns.” Among the listed adverse reactions are unsatisfactory placement of the inserts in 8% of women in clinical trials (during a three month follow-up, incorrect placement was identified in an additional 4.5% of women). “Unsatisfactory placement” includes perforations that result from the device, and migrations of the coils. Other problems listed in the new booklet include breakage, nausea, sweating, pain, cramping, vaginal bleeding, heavy periods, and ectopic pregnancy, among others. 
There are three potential reasons the list of side effects was incomplete in the original booklet. One, Bayer hid trial results from the FDA. Two, the side effects are the result of long-term usage of the device, so they were not present in clinical trials, which are not designed to check long-term safety of a device. Or three, the trials conducted by the manufacturers were less than perfect. Firmalino believes the last possibility, calling Bayer’s trials “faulty and biased,” but she’s unwilling to speak about the details.
“Many women, including myself, have retained a law firm preparing to file suit against Bayer. The administrators of the Essure Problems page and I have been working closely behind the scenes with the firm, and we have collected much evidence and proof. It will all come out when the legal trials begin,” she said.
Essure is not an effective form of contraception
Despite a warning about possible ectopic pregnancies, according to the new information pamphlet, Essure is 99.83% effective although another form of contraception should be used for the first three months following implantation. According to Firmalino, the assurance that a woman would never again have to worry about pregnancy is very misleading.
“In our group, we have seen numerous pregnancies, some resulting in a miscarriage (on average, 55% of women pregnant with Essure will miscarry). We have seen some full term live births, some pre-term, and a handful of stillbirths. Bayer’s pregnancy rates are far from accurate,” Firmalino said.
Indeed, a new study coming out of Yale University seems to be supporting Firmalino’s observations. According to their estimate, 9.6% of women could become pregnant within 10 years of undergoing hysteroscopic sterilization, or Essure. This is nearly four times the estimated risk after a laparoscopic tubal ligation, the more traditional method.
The study, published in the journal Contraception, is the first to compare the effectiveness of the two main choices offered to women who seek a permanent form of birth control. According to the Chicago Tribune, about 345,000 American women undergo sterilization procedures each year, with Essure an increasingly popular choice because it does not require a surgical incision.
Crucially, if a woman does become pregnant after Essure, the risks to the mother and the fetus are unknown.
Doctors disagree on the safety of the procedure
The safety of the procedure has divided the medical community. Although some doctors extended their support to Essure Problems Facebook page, admitting that there is a problem with the device, others have no doubt the procedure is the right choice for women. For example, Steve Parsons, an OBGYN and the main provider of the Essure procedure in the Netherlands, makes a bold statement that he "believes in Essure because he believes in women". He compares Essure to other metallic devices implanted in the body, e.g. clips and coils used to open blood vessels around the heart when patients have suffered a heart attack. Furthermore, he suggests that there are two logical explanations regarding pelvic pain and other symptoms that occur after Essure. One, he admits that the symptoms might be due to the device. Two, he suggests that the might be caused by other conditions such as PMS or perimenopause. In his conclusion, he addressed the Essure Problems community saying that “it is sad that this group, some of whom may have valid gynaecological problems, are scaring a lot of women out of a safe procedure, forcing them into a riskier option.” He then requested to be removed from the group.
We, as doctors, have accepted the manufacturer’s word for the safety of the device without anything to confirm it".
In a rebuttal of Parson’s statement, doctor Julio Novoa writes that the comparison between Essure and devices used in heart surgery is invalid because those devices, unlike Essure, aren’t designed to cause a chronic inflammatory response. He also asserts that there are no peer-reviewed, double-blind studies addressing the safety or the incidence of complications regarding Essure compared to the general population regarding chronic pelvic pain, abnormal vaginal bleeding, etc. “We, as doctors, have accepted the manufacturer’s word for the safety of the device without anything to confirm it,” he writes.
Faulty device, or failure to communicate risks?
Whether or not Essure is a faulty device remains unclear. The FDA was unwilling to speculate on whether or not the device might be pulled from the market, but they don’t seem to be concerned about the safety of the product. “The FDA has not found a causal connection between the use of Essure and certain adverse events reports,” said Jennifer Rodriquez, a spokesperson for the FDA in charge of the Essure case. Nevertheless, she also stressed that the Agency continues to take reports of problems with Essure very seriously and will continue to review them carefully. “We will continue to monitor the safety of Essure to make certain that it does not pose an increased risk to public health and safety and that its benefits of providing women with a non-surgical sterilization choice continue to outweigh the risks,” the statement read.
Firmalino was disappointed with the FDA’s stance, and said that she’d expected the Agency to “protect the population, as is their job". She added: “However, we are finding that they, too, are regurgitating the same answers, relying on faulty clinical trials. There seems to be a lot of conflict of interest that lies within the FDA and pharmaceutical companies and device manufacturers”.
Bayer failed to respond to our request for comment about the long-term safety of the device.
The heated debate around Essure continues and is likely to only be settled in court. Sympathetic plaintiffs, big pharma manufacturer as defendant, and a device with a questionable safety profile will certainly attract broad media attention. But perhaps concerns over product safety are not the only problem here. Bayer is obviously in need of some damage control if they want to retain any public trust that is already fragile. Hopefully this high profile class action law suit will not be necessary to elicit some response from the manufacturer.

1. I was referred to this data by the FDA spokesperson, Jennifer Rodriguez in an email exchange. According to other sources, the numer has skyrocketed to 2,049 as of March 2014.  


Links:
[1] http://social.eyeforpharma.com/users/zuzanna-fimi%C5%84ska
[2] https://www.facebook.com/pages/Essure-problems/178631888835781

FAIL: Vaginal Surgical Mesh - Women in Scotland report catastrophic adverse events



by TOM PETERKIN  The Scotsman  June 4. 2014

Alex Neil has been pressed into action to help women whose lives have been ruined by the painful side-effects of plastic vaginal mesh implants.
The health secretary yesterday said he would seek an urgent meeting with the United Kingdom regulatory body for medical devices after a group of women told Holyrood of their suffering due to the controversial treatment.
Members of pressure group Scottish Mesh Survivors – Hear Our Voice have presented a petition to the Scottish Parliament urging treatment be suspended.
Polypropylene mesh medical devices are implanted in women who experience bladder and prolapse problems, typically after pregnancy.
Appearing in front of Holyrood’s petitions committee, sufferers told MSPs (Ministers of Scottish Parliament) their lives had been blighted after having the implant. Some were in tears as they spoke of severe mobility restrictions, immune system problems and damage to internal organs caused by the mesh or tape implanted in the pelvis.
There were reports of the mesh becoming infected and contracting – cutting through organs “like cheesewire” – and the extreme difficulty in removing the material safely.
Despite a campaign to have the procedures suspended until a full investigation is carried out, sufferers say government ministers are passing the buck.
Elaine Holmes, 49, from Newton Mearns, East Renfrewshire, had an implant to treat a leaky bladder in February 2011. Since then she has had four operations to remove the mesh.
“Too many women in Scotland are being hurt on a daily basis while we wait on the slow-moving wheels of Westminster to turn,” she said. “We already have the legal powers needed to make a difference in Scotland, today. The rest of the UK can follow suit, but let us lead the way.
“We have been told that regulation and safety is an issue for the European Commission. But we would contend that the current EU system is not working and if our First Minister shows political willingness to intercede over fishing quotas, he can surely show political willingness to intercede over something which is having such a detrimental effect on human life.”
MSPs requested that the health secretary and deputy Michael Matheson, the public health minister, appear before the petitions committee to give evidence on the Scottish Government’s position.
Yesterday, Mr Neil wrote to the Medicines and Healthcare Products Regulatory Agency (MHRA). He called on the MHRA to reach a swift conclusion to 
ensure that no further women suffered complications as a result of having the implant.
He said: “I met with some of the women affected and I am clear that no-one else should have to go through the suffering they have experienced.”
The Scottish Government has written to all GPs to ensure they make patients who may be considering this treatment aware of the potential side-effects.
Labour’s health spokesman, Neil Findlay, said: “The ball is firmly in the court of the government and I hope they finally take note of the evidence presented by the women.”
An MHRA spokesperson said the body would be happy to meet Mr Neil: “We listened to and understand the concerns many women have about vaginal tapes and meshes.

“The evidence currently available indicates that the benefits continue to outweigh the risks and can help in dealing with upsetting conditions such as urinary stress incontinence and pelvic organ prolapse.”

Tuesday, June 3, 2014

Billion: That is $2.5 billion !!! Settlement is not justice for harmed patients!

Warsaw firm to settle thousands of implant lawsuits
Paul Wyche | The Journal Gazette  Published: May 31, 2014 3:00 a.m.

DePuy Orthopaedics, a unit of Johnson & Johnson, has waived its “walk-away rights,” which means the Warsaw company agrees to pay more than $2.5 billion to settle thousands of hip implant lawsuits, court documents show.

Officials at the medical device company have decided that enough plaintiffs exist to proceed with the settlement, according to paperwork filed last week with the U.S. District Court for the Northern District of Ohio in Toledo.

“While Settlement Program enrollment forms are still being processed, most (eligible) patients have opted into the program,” court documents stated.

“The company is, therefore, moving forward before the June 1 decision deadline provided for in the Agreement. The exact timing and amount of compensation will depend on a number of factors and circumstances specific to each claim,” the documents continued.

“However, eligible patients with allowed claims can expect payment now that there is certainty the program is moving forward,” the court papers said.

In November, the parent company agreed to pay plaintiffs who received the DePuy-made ASR hip implants.

The settlement gives money to patients based on several factors, including age, extent of injuries and whether they had to replace the defective implant. That agreement set the base rate at $250,000 per patient.

The DePuy ASR recall was announced in August 2010 after post-market data indicated that 12 percent to 13 percent of recipients required revision surgery within five years, according to Bernstein Liebhard, a New York law firm offering free legal evaluations to patients.

Attorneys with Bernstein Liebhard said that by the time the recall was announced, nearly 100,000 people worldwide had received the devices. Evidence revealed during DePuy ASR lawsuit trials indicated that the implant’s actual failure rate may be closer to 5 percent.

Other circumstances could entitle plaintiffs to a supplemental award if, for example, they required multiple revision surgeries, or if they experience “certain extraordinary injuries” in the future, attorneys said.

“DePuy remains committed to the well-being of ASR patients, as demonstrated by the worldwide voluntary recall and the global Broadspire program providing support for recall-related care,” said Mindy Tinsley, a DePuy spokeswoman, in an email Friday.

Broadspire is an independent, third-party claims processor available to patients not eligible for the U.S. Settlement Program, DePuy said.