Latest Drugwonks' Blog

Reading Natasha Singer's article about the "safety" of Yaz and Yasmin -- two popular oral contraceptives I felt, as Yogi Berra would say, like it was deja vu all over again.   Where or where did Ms. Singer find her muse about the risks of birth control, I wondered? 

"...recently, the Yaz line’s image has been clouded by concerns from some researchers, health advocates and plaintiffs’ lawyers. They say that the drugs put women at higher risk for blood clots, strokes and other health problems than some other birth control pills do. Those critics, though, are up against a large European health study, sponsored by Bayer, the German pharmaceutical giant, that reported the opposite conclusion. The Bayer-financed study said that cardiovascular risks in women taking Bayer products were comparable to those taking an older formula of birth control pills."

www.nytimes.com/2009/09/26/health/26contracept.html

Hmm...

Here's a blog from a law firm leading the litigation against Bayer, the company that makes Yaz:

"The risks associated with this popular birth control pill are severe; many women who took Yaz or Yasmin have died or been seriously injured because of the serious health risks associated with the drug.  In fact, the FDA received over fifty reports of Yaz and Yasmin-related deaths between 2004 and 2008, most involving increased levels of potassium and occurring in women as young as 17 years old.  Imagine how many went unreported!  A growing number of lawsuits have been filed by or on behalf of these women, charging the drug manufacturer with inadequately warning them of the increased risks Yaz and Yasmin pose to those women who use the oral contraceptive.

While the public-at-large and many physicians may not recognize an adverse reaction to drospirenone, the health risks have been known for longer than many realize.  In 2002, the British Medical Journal reported some practitioners’ concern about the drug as a result of 40 cases of venous thrombosis among women taking it.  Also, in 2003, the Journal published a paper that detailed reports of thromboembolism deaths and injuries thought to be caused by Yaz and Yasmin.

www.nolan-law.com/yasmin-yaz-ocella-birth-control-injuries/#side%20effects

The FDA has been reprimanding Yaz and Yasmin manufacturers for misleading and inadequate television advertising for the drug for quite some time."

Here's Singer again... stoking the fires, fanning the flames, leading the witness...

"The health questions and the lawsuits may rattle consumer confidence, but the warnings from federal health authorities about advertising and quality control raise larger questions about Bayer’s approach to complying with government rules, said Michael A. Santoro, an associate professor at the Rutgers Business School who has studied ethics in the pharmaceutical industry. "


False Claims Act anyone?  That's the fulcrum  which the trial lawyers use to leverage meager findings about safety into a conspiracy of silence and misrepresentation.  

I see another Avandia in the making.  


Via the Pink Sheet:

The potential for physicians to favor innovator biologics over follow-on biologics because of a reimbursement advantage would be eliminated under an amendment to health care reform legislation adopted by the Senate Finance Committee Sept. 23.

The amendment, offered by Sen. Charles Schumer, D-N.Y., says the goal is "to ensure that patients and the Medicare program utilize biosimilars appropriately" and "create parity between brand name biologics and biosimilars and save patients and Medicare money."

The basic problem the amendment is trying to solve is the fact that, under current law, each biological product must have a separate billing code for reimbursement by Medicare Part B. Since the reimbursement rate under Part B is the average sales price of the drug plus six percent, if a biosimilar were introduced at a lower price than the innovator, there would be no incentive for physicians to use the lower-priced drug, since the six percent administration payment would be higher for the innovator. As a result, there would be no downward pressure on prices.

To eliminate this disparity, the amendment would provide equal administration fees for both the innovator, or reference product, and the follow-on biologic. The description of the amendment says a biosimilar approved by FDA and assigned a separate billing code would be "reimbursed at the ASP of the biosimilar plus six percent of the ASP of the reference product."

Brand Pharma May Dodge A CBO Bullet

The committee adopted the amendment by unanimous voice vote, and brand pharma stalwarts Sens. Orrin Hatch, R-Utah, and Michael Enzi, R-Wyo., joined as co-sponsors.

Brands may be supportive of the idea of reimbursement parity for physicians because, if treated as the fix Medicare needs to accommodate FOBs, it would mean that brands avoided potentially much more consequential modifications to the program.

The Congressional Budget Office has previously suggested that there would be additional savings from follow-on biologics if they are put on equal footing with innovators in government health care programs, not just in terms of physician reimbursement, but product coding as well, which would mean that brands would be reimbursed at the FOB price.

In a December 2008 score of legislation options, CBO said that putting a biosimilar in the same reimbursement code as its brand-name counterpart would save the government $10.6 billion over 10 years, about 30 percent more than the $8.1 billion it would save if they were not in the same code.

Many observers believe that such a coding change would need to be made by statute, and that without it Medicare would never fully embrace FOBs. Indeed, while the Schumer amendment removes a disincentive to prescribing FOBs, it does not seem to create an incentive for their use either.

The Road Not Taken

  • 09.28.2009
Neurologist David Alway has written an excellent piece explaining the logical fallacy in having government be the arbiter of allocating resources in the practice of medicine.

Dr. Alway concludes by boiling the entire debate down to two choices before us:

“There is a choice to be made. One road leads to greater individual rights, freedom, productivity, good doctor-patient relations, further advances in health care, and better lives. The other leads to statism, government control of the individual, falling levels of productivity, a lack of innovation in medicine, drone-like doctors and nurses, and ultimately, more death.”

For the sake of future Americans, let us hope and pray that we take the first road.

It turns out that the politically incorrect Bill Maher is reportedly unhappy with the Baucus bill.
 
That’s the good news.
 
The bad news?
 
Bill Maher’s opposition to the Baucus bill is not based on the sentiment that it goes too far; rather, Maher doesn’t believe it goes far enough.
Earlier this year, Maher wrote this Op-Ed in which he decries the entire notion of a profit-motive in the practice of medicine.
 
Now Maher makes some points worthy of discussion.
 
But he goes on to lament the higher costs of medical treatment today and wrongly attributes the medical inflation associated with such procedures to Capitalism.
 
Yes, there are many new medicines and medical procedures that cost money. But these drugs and treatments produce favorable medical outcomes, otherwise they would not be profitable.
 
However, Maher utterly fails to connect the dots between the increase of government’s role in health care and medical price inflation.
 
Evan Falchuk writes: “In 2007, federal, state and local governments paid for more than 46 cents of every health care dollar – more than $1 trillion.  In fact, since 1980, the government has paid at least 40 cents of every dollar, and as early as 1960 – 5 years before Medicare – government paid a quarter of health care expenses.  Government is a massive health care customer and has the impact one might expect such a big customer to have.”
 
With that level of government spending, is it any wonder why medical spending is so high?
 
Yet Bill Maher wants to cede total control of the health care sector to the government. A brilliant idea!
 
How about this?
 
I think entertainment should be free. There should be no profit-motive in comedy and entertainment. Bill Maher has a moral obligation to entertain people for free. We all have a right to happiness. Comedy and entertainment makes us happy. Obscene profits must not be made on the backs of people in desperate need of humor and entertainment. Therefore we can all expect Bill Maher to forfeit his salary from HBO from this point on.
 
Sound good? Well, it's about as logical as Bill Maher asserting we can maintain a quality medical system free of profit.
  
Maher continues by suggesting that the existence of a public fire department is somehow reason enough for us to adopt a government-run health care system:
 
“And if medicine is for profit, and war, and the news, and the penal system, my question is: what's wrong with firemen? Why don't they charge? They must be commies. Oh my God! That explains the red trucks!”
 
Repetition of trite sound-bites from Michael Moore’s Sicko may qualify as proof of intellectual profundity in Hollywood but here in the real world, Bill, you’re going to have to do better than that.
 
Health care is very personal – apparently a fact that escapes Bill Maher. The doctor-patient relationship is about the individual and each person’s specific medical needs.
 
The Fire Department serves a community, a town, or city. The analogy is ludicrous on its face but that doesn’t stop the simple-minded from repeating it endlessly in arguing for government seizure of the health care sector.
 
Indeed, most of us exercise individual responsibility by keeping one or more fire extinguishers in our homes because to rely on the fire department to reach your place in time during an emergency would be taking a huge risk with one’s life.
 
Not to mention, there are private companies such as Rural/Metro Corporation which specialize in fire protection services and many volunteer fire departments serving communities across the country.
 
Does Maher mention all the volunteers, physicians, and charities dedicated to providing medical care to poor Americans every year free of charge? Of course not.
 
Suffice it to say, Bill Maher’s time would be better spent speaking to real physicians who work diligently every day to treat and care for patients and less time at his HBO studio if he has any interest in understanding our health care system.
 

Chucking Generics?

  • 09.25.2009
Senator Schumer during Finance Committee mark up:

"People have unique needs. I take Lipitor, they put me on the generic, Zocor, my cholesterol went up.  They put me back on Lipitor, my cholesterol went down."

You mean that all statins aren't the same?  That different people respond to different drugs in different ways. That generic substitution can have ... unintended consequences? Holy cow! And who is the mysterious "they" the Senator refers to?  Probably not his Uncle Sam.

(PS, "Zocor" is not the "generic."  Simvastatin is the generic.  Not the same thing.  But that's another story for another time.)
And at the top of the list should be the growing and worrisome EU/US medtech gap.

FDA NEWS RELEASE

For Immediate Release: Sept. 23, 2009

Media Inquiries: Karen Riley, 301-796-4674, karen.riley@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA

FDA: Institute of Medicine to Study Premarket Clearance Process for Medical Devices

The U.S. Food and Drug Administration today announced that it has commissioned the Institute of Medicine (IOM) to study the premarket notification program used to review and clear certain medical devices marketed in the United States.

The IOM study will examine the premarket notification program, also called the 510(k) process, for medical devices. While the IOM study is underway, the FDA’s Center for Devices and Radiological Health (CDRH) will convene its own internal working group to evaluate and improve the consistency of FDA decision making in the 510(k) process.

“Good government conducts periodic reviews and evaluations of its programs,” said Jeffrey Shuren, M.D., acting director of CDRH. “Our working group and the IOM’s independent evaluation will help us determine how the 510(k) process can be improved to better support FDA’s mission to protect and promote the public health.”

The 510(k) process was established under the Medical Device Amendments of 1976 with two goals:

* Make safe and effective devices available to consumers
* Promote innovation in the medical device industry.

During the past three decades, technology and the medical device industry have changed dramatically, making it an appropriate time for CDRH to review the adequacy of the premarket notification program in meeting these two goals.

Established by the National Academy of Sciences, the IOM provides independent, objective, evidence-based advice to policymakers, health professionals, the private sector, and the public.

As part of the study, the IOM will convene a committee to answer two principal questions:

* Does the current 510(k) process optimally protect patients and promote innovation in support of public health?
* If not, what legislative, regulatory, or administrative changes are recommended to achieve the goals of the 510(k) process?

The $1.3 million IOM review is slated for completion in 2011, and is one of six priorities Dr. Shuren has outlined for CDRH. Others include:

* Creating an internal task force on the use of science in regulatory decision-making
* Developing an effective compliance strategy
* Optimally integrating premarket and postmarket information
* Increasing transparency in decision-making
* Establishing clear procedures to resolve differences of opinion.

The IOM will hold two public workshops during the next nine months as part of its review, and will publish a final report in March 2011 containing its conclusions and recommendations.

The FDA classifies medical devices into three categories according to their level of risk. Class III devices represent the highest level of risk and generally require premarket approval to support their safety and effectiveness before they may be marketed. Class III devices include heart valves and intraocular lenses.

Class I and Class II devices pose lower risks and include devices such as adhesive bandages and wheelchairs. Most Class II devices and some Class I devices can be marketed after submission of premarket notifications—also called 510(k) applications—that support their substantial equivalence to legally marketed devices that do not require premarket approval.

Devices that present a new intended use or include new technology that presents new questions of safety or effectiveness may not be found substantially equivalent and require premarket approval.

From The Voice of San Diego:

My Grandmother Out-Tweets Your Biotech
By DAVID WASHBURN

Wednesday, Sept. 23, 2009 | Very few industries are as willing to take risks on new technologies as the biotech industry. Companies will spend millions, and even billions, developing a drug that has a chance to cure a cancer or a device that could change the face of heart surgery.

Yet when it comes to social media, the industry has proven to be risk adverse. In fact, your grandmother is probably more likely to be active on Twitter or Facebook these days than a pharmaceutical, medical device or contract research company.

"What we've got is the social media Maginot Line," said Peter Pitts, director of global health care for the public relations firm Porter Novelli, referring to the French army's strategy of fortifying its borders during World War II.

"If they avoid social media they are safe. But what is happening is that important discussions about the medications and how they affect patients are happening minus the participation of companies," Pitts said after a panel discussion hosted Wednesday by Biocom, the local biotech industry association.

The FDA has scheduled a two-day public meeting in November to solicit views regarding how it should deal with social media. Among other things, the agency wants to discuss how companies will fulfill their fair balance obligations in social media, how they will deal with inaccurate information posted about their products as well as adverse event reporting.

The meeting, Pitts said, is an acknowledgement by FDA officials that the agency is "behind the curve," and needs to address the issue. FDA officials involved in the planning of the meeting could not be reached for comment today.

Pitts and others hope a larger embrace of social media emerges from the FDA meetings, and that the industry realizes that it is "irresponsible not to use social media." They raised the issue of benefits that a drug may have that are not officially recognized by the FDA.

Say, for example, that a clinical trial shows that a drug has an effectiveness against a certain type of cancer tumor that was not thought possible when the drug was submitted for FDA approval, and therefore isn't on the FDA label for the drug.

"If they choose not to share that information in the best way possible -- which is social media -- is that the ethical and moral thing to do?" Pitts said.

An even more vexing issue facing both the companies and the regulators is how they deal with adverse event reporting. Suppose, Pitts said, that someone taking a cancer drug develops numbness in their fingers, and then writes about it in a blog or on a Facebook wall.

"This is an opportunity in real time to understand adverse reporting issues," Pitts said.

"Rather than avoid it from a legal and regulatory standpoint, they should pursue it from a public health perspective. That, however, is a very contentious proposition."

The complete story can be found here.

On Fox News Newt explains why Congress refuses to make the same 365 choices available to members of Congress as part of health care reform:  "Because it doesn't increase the control government has over health care." 

Which is also one reason why insurance under the health care proposals are 3 times more expensive than are available in the marketplace.

The other reason:  legislation is nothing but a huge subsidy to large corporations, most union benefits and the liberal imagination.  Heaven forbid, people choose health plans with higher deductibles, lower premiums, less coverage than the micromanagers want us to have. 

On a related note: Here's President Obama's OMB director on what is really happening to health care costs:

"On the consumer side, and despite media portrayals to the contrary, the share of health care expenditures paid out of pocket, which is the relevant factor for evaluating the degree to which consumers are faced with cost sharing, has plummeted over the past few decades, from about 33% in 1975 to 15% today. All available evidence suggests that lower cost sharing increases health care spending overall. The result is that collectively we all pay a higher burden, although the evidence is somewhat mixed on the precise magnitude of the effect."

Rather than allowing people to choose plans that allow for cost sharing and accumulate cash (especially important for people who are chronically ill) and include health insurance premiums to lock in rates and pay for one time costs Orszag endorses the current solution: using an expert panel to determine what doctors should do and how much they should get paid for it:

"The real traction, though, will come from building the results of that research into financial incentives for providers. In other words, if we move from a “fee-for-service” to a “fee-for-value” system, where higher-value care is awarded with stronger financial incentives and low- or negative-value health care is penalized with smaller incentives or perhaps even penalties, the effects would be maximized."

All of which is at the heart of the Baucus bill and every other piece of legislation.   Well since CER has been implemented elsewhere and costs have gone up, what has been the result on patients?  Dr. Orszag let's it slip:


"... if all one did was, say, reduce payment rates under Medicare and Medicaid, and then tried to perpetuate that over time without a slowing of overall health care cost growth, the result would probably be that fewer doctors would accept Medicare and Medicaid patients, creating an access problem that would be inconsistent with the underlying premise and public understanding of these programs."

www.issues.org/24.3/orszag.html

Which brings us back to Newt.  All of this happens because of government control.  The unintended consequences of government run health care.
If you have not heard or read FDA commissioner's speech on regulatory science -- namely the Critical Path to promote personalized medicine in product review and post market management --  you should.  It lays out vibrant vision of how the FDA can continue to adapt to and encourage companies to adopt genomics, biomarkers and other 21st century tools to make products safer and more effective. 

We may disagree with the Obama vision of health care but we also share his commissoner's vision of how to sustain medical innovation. 

Watch Commissioner Hamburg's remarks here.


Importation Redux

  • 09.22.2009
It's back.

According to Senate leadership aides, Senate Majority Leader Reid may bring a bill to the Senate floor in the next two weeks that would allow the importation of prescription drugs from Canada.

Wonder if Senator Reid has discussed this act of pharmaceutical imperialism with our neighbors to the North. Last conversation I had with Canadian officials left no doubt they are very concerned with how such an action would impact their domestic medicines supply.

And is this bill about drugs from Canada or drugs through Canada?

Here we go again.

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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