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To repeat that quote from Theodore Roosevelt, “When you’re in a hole, stop digging.”

Note to Amphastar Pharmaceuticals – stop digging.

Back in August Amphastar was so unsatisfied with the way the FDA was dealing with their file for generic Lovenox, they decided to claim unfair treatment at the hands of CDER Director Dr. Janet Woodcock.

Amphastar claimed that its rival, Momenta, had a "leg up" and was getting "special access."  And yet both companies were in the same place in the regulatory process and both companies are being asked for the same data sets.  And this is unfair why?

According to Amphastar it's unfair because CDER Director, Dr. Janet Woodcock co-authored a paper with one of Momenta's founders, MIT biological engineering professor Ram Sasisekharan, on how the FDA taskforce (on which they both served) identified and contained the cause of contaminated Chinese heparin imports.

Well, to nobody’s surprise, the inspector general of the Department of Health and Human Services has cleared Janet of all allegations of conflict of interest.

Not satisfied to acknowledge a boner of monumental proportions, Amphastar's general counsel, Jason Shandell, said that the FDA narrowly tailored its review to legal issues. "We never asserted she got any money—that would be illegal. Our focus was on the appearance of impropriety and its impact on the approval system.”

Remove foot from mouth, right?

Um – not so fast.  According to Politico: “For more than two months in late 2008, private investigators working for a drug company gathered information on a high-ranking official at the Food and Drug Administration – unearthing details about her husband, two daughters, and in-laws, and re-tracing her steps on a business trip she took to Thailand.

The drug company, Amphastar Pharmaceuticals Inc., paid more than $100,000 to Kroll, the New York-based private investigative firm, to uncover the information about Janet Woodcock, director of the FDA’s Center for Drug Evaluation and Research, who oversees the agency’s new-drug approvals.”

And it gets worse. At one point, the investigators hired a freelance reporter to file Freedom of Information Act requests, using her status as a journalist to request Woodcock’s emails, phone records, voicemails, calendar and expense reports, among other documents – without mentioning that she was being paid for her efforts by a private investigative firm. Oops.

And worse.

According to Politico, “On behalf of the drug company Kroll also investigated a second FDA official – Moheb Nasr, director of the FDA’s Office of New Drug Quality Assessment, creating a file on him that included his birth date, the price he paid for his home, and details of his education and professional background.”

And here’s a lesson to all of you drugwonks out there – do NOT let your lawyer act as spokesperson.

 “I feel like as a citizen you have a right to question your government and a right to look at public information,” said Amphastar’s general counsel, Jason Shandell. “There was no impropriety here.”

So now the conversation has moved Amphastar’s boner.  Solid PR.

And to make things even worse for Amphastar, they’re now squarely in the crosshairs of Senator Max Baucus (D, MT), who said it was “an outrage,” and has demanded that Kroll tell him how often private detectives target public officials.

“Pharmaceutical companies should be focusing on getting their drugs approved based on health research and science rather than wasting their resources hiring private investigators to snoop around the lives of FDA regulators and their families,” said the Senator.

An apology is in order.

Hear Henry Roar

  • 03.30.2010
Representative Henry Waxman is at it again.
 
In the wake of health care reform’s passage, several of the country’s top executives have acknowledged the legislation’s negative effect on their companies’ respective operations.
 
In a letter to the CEO’s of AT&T, Caterpillar, Verizon and Deere & Company , Waxman took issue with their position:
 
“The new law is designed to expand coverage and bring down costs, so your assertions are a matter of concern.”

Now Waxman has summoned these CEO’s to appear before the House Energy and Commerce Committee to explain themselves.
 
As Megan McArdle points out, Waxman’s complaint should not be with the executives but rather with the accounting code itself. Indeed it is the obligation of these CEO’s to inform their investors of the impact this law will have on a company’s finances.
 
Meanwhile, Aetna’s CEO Ron Williams has come out to acknowledge what we already know: Premiums will increase.
 
Asked in an interview if premiums would rise, Williams said: The answer is yes, and some of the things that will drive those premiums are significant additional taxes the industry will ultimately have to pay in the first year.”
 
To top it off, the New York Times reported that insurers contested the language of the law that would have forced them to take on children with pre-existing conditions.
 
That prompted Chairman Waxman to respond in this way:
 
“The concept that insurance companies would even seek to deny children coverage exemplifies why we fought for this reform.”
 
The insurers have since backed down.
 
But one can bet that the insurance company CEO’s will be summoned soon as well to appear before Mr. Waxman’s committee.
 
A more cynical person might argue that the purpose of this legislation was to create mass chaos.
 
Can talk of a “public option” be far behind?
 

Repeal and Replace?

  • 03.30.2010
Sean Trende at RealClearPolitics offers a trenchant analysis of the chances for repeal of the health care bill.

No matter one’s view of the legislation, the piece is worth reading.
 
The punditocracy has recently been consumed with a debate over whether or not the Republicans will be able to repeal the recently-passed health care bill. Outside of self-professed conservative pundits, the conventional wisdom seems to be that the odds are prohibitively against repeal (or significant modification).

This Politico article typifies the attitude of those who doubt that repeal can be effectuated. It argues that the current outrage over the health care bill is merely a part of a "familiar pattern since New Deal days: Government programs from Social Security to Medicare that were launched amid incendiary arguments within a short time became sacrosanct - protected by a bipartisan consensus that was nowhere to be found at passage."

This is certainly one possible outcome for the President's health care bill, but it isn't the only one. Here is why repeal is a real possibility.

Read the full article here.
 

Pryor To Voting

  • 03.30.2010
Normally, a legislator should read a bill prior to voting in favor of making it the law of the land. But these are not normal times.
 
Senator Mark Pryor (D-AR) voted against the reconciliation package in the Senate, citing the deleterious effect of the legislation on his home state.
 
Pryor explains his reasoning:
 
"I believe the package falls short of the criteria of making health care more affordable, reliable, and accessible. As more and more details of the package were released, I spent considerable time weighing the benefits and drawbacks to Arkansas. In the end, I believe this legislation is a step we don’t need to take."
 
That’s nice. So why did he vote in favor of the Senate health bill in December of last year?
 
It’s wonderful that Senator Pryor recognizes the shortcomings of this legislation. But at this point it’s too little, too late.
 

Starting in January, you will no longer be able to tap your HSA to cover aspirin, vitamins and other over-the-counter medications, unless they are prescribed by a doctor. 

Patient choice:  strike one.

Donald Berwick as CMS Administrator? By all accounts a good choice. But what does it mean for the upcoming battle royale over comparative effectiveness and patient choice?

According to Robert Pear, “Dr. Berwick could help shield the White House from Republican charges that Mr. Obama’s policies would lead to the rationing of care or even a government takeover.”

This conditional shield comes courtesy of remarks Dr. Berwick made last December. Speaking at the annual conference of the Institute for Healthcare Improvement (which he heads), he challenged the audience thus, “Over the next three years, reduce the total resource consumption of your health care system, no matter where you start, by 10%. Do that without a single instance of harm, without rationing effective care, without excluding needed services for any population you serve.”

Okay – sounds good and we should give Dr. Berwick the benefit of the doubt that when he says he’s against the rationing of “effective care,” he means effective care that’s defined by an MD in the field – and not Uncle Sam, MD inside the Beltway.

But vigilance is required, especially now that it’s precisely Uncle Sam who is going to be paying more and more of the bills for this “effective care.” And vigilance is even more important considering that AHRQ (now the nation’s leading practitioner of comparative effectiveness studies) plans to hire a PR firm to help create a “publicity center” for comparative effectiveness reports and materials.

If you recall the debacle that followed the government’s “publicity center” efforts behind CATIE and ALLHAT – you know why vigilance is the order of the day.

The “angry itch” is the desire for payers (both public and private) to opt for the least expensive treatment rather than the one that’s best for the patient. An itch that’s often penny-wise and pound-foolish.  An itch that’s dangerous when scratched.

Let’s all wish Dr. Berwick great success.  He has big shoes to fill and a tough road ahead.

The UK has launched a pilot of its "Innovation Pass" process, which will provide £25 million in funding for medicines that treat very rare diseases but are not evaluated at launch by the National Institute for health and Clinical Excellence (NICE).

Innovation passes were first proposed in the UK's office for life sciences' Life Sciences Blueprint, issued last year. The government has run a public consultation on the proposals since then.

There’s a maximum spending cap of only £8 million per year for each individual product – and uncertainty over long-term funding. The pilot is to run for three years, but government funding of £25 million has only been arranged for the first year.

Products included in the pilot Innovation Pass scheme will automatically be appraised by NICE after the end of three years, raising the suspicions that they could be rejected for use in the UK national health service (NHS) at that stage.

NICE giveth and NICE taketh away since it will set up and run an advisory committee that will select products based on defined criteria. These criteria include the medicine being a significant medical innovation (acting at a new target receptor, for example), it should satisfy an unmet clinical need, and is expected to have a substantial impact. Additional studies to gain further clinical data should be planned.

The government will pay an amount to the pharmaceutical company for supplying the medicine based on a price-volume agreement (the number of patients multiplied by the price), rather than paying for each dose of drug dispensed. This is to ensure a financial return for the company. Products would normally be submitted for consideration at around the same time as they are filed for marketing approval.

BUT … the sum asked for by the company will be judged to be reasonable or not by a governmental/NHS panel that will look at the cost of therapeutically similar medicines, the actual cost of the medicine in other European countries, and the cost of its research and manufacture.

This judgment on whether the cost is reasonable or not will then be passed to NICE's advisory committee, which will produce a list of drugs for funding, which will be approved by government ministers.

Sounds familiar.

NICE work … if you can get it.

FDA Chief Scientist Jesse Goodman to Representative Rosa DeLauro (D/CT and Chairwoman of the Agricultural Appropriations Subcommittee), "I think what FDA really needs is a 5- to 10-year building effort/re-building effort. And it's not just rebuilding to what was. I think it's being a part of building the science of the future."

Bravo.  By all means. Rather than look backwards to “the good old days” (whatever that means) let’s improve and move forward. It’s not rocket science – but it’s good to hear the agency’s Chief Scientist say it. 

And change starts from within.  According to Goodman, "What I want to do is begin to use the resources we have and the leadership we have to encourage and identify and free-up some of the time of our promising junior and mid-level people to beef up their education. Because if we just do it as leaders of the center or agencies, that doesn't have all the transformational power."

Absolutely right.  When I served at the FDA (along with Jesse), one of the most valuable lessons I learned was that dictates from “on high” don’t get the job done.  Real change happens because all levels of the agency understand and embrace the philosophy of those changes. Change may begin at the top – but success or failure is determined by the agency’s 11,000+ career professionals.

Change is never easy but, as W. Edwards Deming commented, "Change is not required.  Survival is not mandatory."

Goodman: “"It's very challenging. It's almost like taking the current state of the agency from sort of always swimming to keep our heads just above the water to something that is a truly outstanding scientific partner and really has the power and relationships it needs. And by power I don't mean power over people, but the mental and scientific tools to have the ability to make decisions. So it's a process and it's going to take a while and we need to get the best and the brightest."

Now maybe Representative DeLauro will finally embrace the Reagan/Udall Foundation.

We’ll see.

Excellent article by the Washington Post's Ruth Marcus on the need to humble in our predictions about the impact (negative and positive) of healthcare reform and to be a bit more precise in our analysis going forward.  Specifically, we should be asking: Will this improve health? Make care more affordable and convenient? Extend life? Reduce health disparities? Accelerate the seach for cures?  I think her article provides a template for anyone wishing to gauge the value of health care reform going forward. 

- 24 March 2010, The Washington Post  (By Ruth Marcus)

The conventions of political pontification do not allow for admissions of uncertainty or ambivalence. Thus, Sunday night's House debate on health care featured bombastic declarations from both sides about the impending disaster (Republicans) or nirvana (Democrats) being ushered in.
In fact, the occasion called for more humility than hyperbole, however unlikely that may have been given the setting. If I were a member of Congress, my floor speech before casting a yes vote would have boiled down to:

Gee, I hope this works.

One of the astonishing aspects of the health-care debate is how little is actually known about the implications of a change this far-reaching. Everyone has a theory, and a model to match, but even some of the most fundamental questions remain the subject of debate.

On the most basic of all -- does having health insurance lead to better health? -- the evidence is solid but not unanimous. The Institute of Medicine , reviewing the literature in 2009, found that "the body of evidence on the health consequences of health insurance is stronger than ever before. . . . Simply stated: Health insurance coverage matters ."

But a study that same year by Richard Kronick, a former health-care adviser to President Bill Clinton, found "little evidence to suggest that extending insurance coverage to all adults would have a large effect on the number of deaths in the United States ." Kronick's study has been criticized because it did not adjust for the fact that those in poor health are more likely to seek insurance. But the disagreement underscores the difficulty of knowing precisely what changes are in store.

To take another example, one common assertion has been that the uninsured end up getting health care -- just more expensive health care, in emergency rooms and when conditions have worsened, with the costs passed on to the rest of the population. The notion that the tab is being picked up one way or another makes intuitive sense.

A new National Bureau of Economic Research paper by Michael Anderson, Carlos Dobkin and Tal Gross questions this assumption. The researchers examined health-care consumption by 19-year-olds who had just been dropped from their parents' coverage. They found that not having insurance resulted in a 40 percent reduction in emergency room visits -- "contradicting the conventional wisdom that the uninsured are more likely to visit" the emergency room and a 61 percent drop in hospital admissions.

"Overall, these results suggest that an expansion in health insurance coverage would substantially increase the amount of care that currently uninsured individuals receive and require an increase in net expenditures," the authors write. Emergency room visits could increase by 13 million annually, and hospital admissions by 3.8 million, they project.

So prudence is in order when tinkering with such an interconnected system and when making confident predictions about the effects of reform, for good or ill. Will younger adults, who account for about half the population of uninsured non-elderly adults, sign up for coverage -- or will they pay the fine instead? How will that decision affect premium levels and the adequacy of federal subsidies?

Will the expansion of coverage create a shortage of health-care providers and result in higher prices, or will, for example, higher Medicaid payments for primary-care doctors stem an exodus of doctors from the program? Will employers add coverage because workers facing the mandate to obtain insurance will press for it, or will they drop it because it will be cheaper to pay the penalty and let employees fend for themselves?

Will increased coverage of preventive care save money because diseases will be caught earlier -- or will the added cost of widespread screening exceed the economic benefits? The Congressional Budget Office has concluded that, "for most preventive services, expanded utilization leads to higher, not lower, medical spending overall ."

The legislation is a risk worth taking. Millions of Americans are without insurance, a national scandal that should have been addressed long ago. Rising health-care costs threaten the nation's fiscal security, and the new law holds the promise of beginning to stem the increases.

The status quo is unsustainable. A new study by the Urban Institute shows how, without reform, the numbers of the uninsured will rise, employers will continue to drop coverage and premiums will climb.

Still, for those who express cocky certitude about how this is going to turn out, the best prescription is a generous dose of caution

Is it that Time is running out of money or that what's left of the editing there is too busy finding ways to run anti-Israel pieces...but when you start a story about the gender specific risks and benefits of statins, it might be  prudent not to overstate the risks to the point of absurdity and paint an otherwise smart and accomplished woman as a hopeless victime:

Lynne Newhouse Segal was the picture of robustness. At 59, the slim former lawyer was an avid runner, golfer and yoga practitioner. Segal, who lives in San Francisco, was healthy by nearly every measure — except her cholesterol level, which a routine test four years ago revealed was high. High cholesterol is a key risk factor for heart disease, especially in a patient Segal's age and with her family history (several close relatives had had heart attacks), so her doctor put her on a cholesterol-lowering statin drug as a preventive measure.

Oh, but dark clouds soon gather...

But Segal's statin ended up preventing her from living a heart-healthy lifestyle. A month after she started taking the drug, she suffered muscle pain so severe, she had to stop all physical activity and was unable to sleep at night. Although her husband, who was worried about her risk of heart attack, pleaded with her to stay on the drug, she discontinued using it. The muscle pain receded. "My husband was scared for me. Doctors scare you. But I was in so much pain, I told him I would have rather died than stay on them," says Segal.

That grim situation could have been avoided, researchers say.

How about asking for another type of statin?  That's what Marilyn Goldberg, age 75, did after suffering muscle pains so severe she complained to her husband Mort and son Bob (that's me) almost daily... And she did, about 4 or 5 times until she found one that worked.  And now the pains are gone and her cholesterol is really low.

But you see, Marilyn is not a set piece or prop in some Obama-esque sob story about how we the people are screwed by uncaring corporations.  She is a responsible person taking action on her own behalf...

Rather died? 

I don't want to harp on this self-pitying because I am half-convinced that it is only half-true.  That's because much of the "reporting" in the Time article on women and statins is half-baked.   You read the piece sensing that women receive NO benefit from statins and tons of risk.  In fact, there are many sub-groups and many situations where that is not the case.  

The issue at hand is whether statins should be given to women who do not have high cholesterol at all but have other risk factors because cholesterol is not a very good marker for heart disease in women...  (my emphasis)

The JUPITER study was designed to test whether other markers of heart disease in relatively healthy older women and men predicted heart disease by giving them statins to reduce a protein called CRP.   If CRP was reduced and nasty events that lead to hospitalizations or death were reduced after taking a solid dose of the statin then the study could claim to show that CRP testing in combination with statins reduced the incidence of heart disease in relatively healthy women and men.  And since women do not seem to benefit from reduced cholesterol levels (in the absense of other risk factors) the CRP -statin link is a pretty big deal for primary prevention.

As for the side effects.. When you draw the blood for CRP you can also draw blood to see if you will metabolize specific statins in ways that cause muscle pain, blurry vision, etc.   There are tests for that.   The question is whether the statin used in the JUPITER study (Crestor) can be substituted with other statins. 

Now that is what the TIME article should have been about.  But I guess the magazine had to devote resources to another hit piece on Israel.  

Read more: http://www.time.com/time/magazine/article/0,9171,1973295-1,00.html#ixzz0j6iRw0r3

Read more: http://www.time.com/time/magazine/article/0,9171,1973295-1,00.html#ixzz0j6iJUqhy

CMPI

Center for Medicine in the Public Interest is a nonprofit, non-partisan organization promoting innovative solutions that advance medical progress, reduce health disparities, extend life and make health care more affordable, preventive and patient-centered. CMPI also provides the public, policymakers and the media a reliable source of independent scientific analysis on issues ranging from personalized medicine, food and drug safety, health care reform and comparative effectiveness.

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