Tim Cavanaugh | January 3, 2005
David R. Henderson and Charles L. Hooper prescribe a dose of Vioxx reality.
Help Reason celebrate its next 40 years. Donate Now!
Try Reason's award-winning print edition today! Your first issue is FREE if you are not completely satisfied.
The thing that really pisses me off is that a drug like marijuana or MDMA (Ecstasy), which have very low, if non-existant, mortality issues, are illegal and villified. Ridiculous.
I don't see how Merck can run the company and deal with all this
litigation. The plaintiff's bar will bleed the company much as it
tried to bleed the gun manufacturers.
I can't even imagine how this would be playing out if the tort
lawyer was elected VP.
Lowdog, please, let's not drag illicits into every conversation
about drugs. Fenfluramine, a substituted amphetamine, is chemically
similar to MDMA. It was approved by FDA in 1993 as a slimming pill.
The normal regimen was daily long-term usage. A few years later, it
was taken off because of cardiovascular risks (heart valve
defects). The same risk applies to MDMA. You can find these studies
at Medline. As an aside, at the FDA hearings, Ricaurte's imploring
to reject Fen because he believed it had the same neurotoxic effect
as MDMA, was rejected on the basis of the evidence being weak and
GFAP levels which are considered an accurate indicator of
neurotoxicity, indicating that MDMA/Fen are *not* neurotoxic. Sorry
for the long rant.
Anyway, the main problem here is fundamental. Since our medical
sciences are still probabilistic and crude at their core. We still
don't have a bottom-up view of all the intricacies that make life
tick. Using extensive correlations to form plausible mechanisms, we
figure out problems and rough solutions, but medicine still is a
(systematic) art. As long as that remains sufficiently true, all
medical products will have risks. You can't eliminate them all by
design, only by luck. All this outrage over pharmas solely after
profits is misplaced. OTOH, if Merck withheld pertinent info, then
going after them for that is fine.
"Emory University economist Paul Rubin reports an estimate
that FDA regulation saves between 500 and 1,000 injuries (not
deaths) per year but costs between 2,100 and 12,000 lives annually.
That's not a good tradeoff. The last thing we need is further
hurdles to new drug development."
However, what the authors neglect to mention is the simple fact
that the FDA is basically "the man on the inside" for the large
Pharma corps. The authors note that "the greatest scandal of
all [...] is not Vioxx but the dozens of new drugs that will never
be developed because the cost of clearing the FDA's
superconservative hurdles make those drugs not worth
developing." Yet, while they are standing in the ring for
Pharma giant Merck, they refuse to acknowledge the fact that it is
this "superconservative" FDA approval regime that supports and
reinforces the relative monopoly that the big companies enjoy.
Those "hurdles" are, as they note, hard enough for the giants to
overcome. To get through the clinical trials and FDA beaurocratic
paper maze, it takes years of massive capital investment with zero
return. Only the largest companies can afford to embark on such an
endeavour. And so, the FDA's hurdles, more than anything else,
protect the Pharma giants from small competition. It's a small
tradeoff for someone like Merck. You might get screwed out of a few
drugs making it to market (see: Imclone), but on other hand, those
very same hurdles protect you from upstart competition. Still a
pretty sweet deal.
The real losers are the consumers, especially the American
consumer. In a world of socialized medicine and drug price
controls, the US is an island of relatively free-market
drugs. In essence, the high prices we pay for drugs subsidize the
price-controlled nations' drug supply. The pharma companies make
relatively small profits from socialized price-controlled markets;
because the FDA makes it so expensive to develop a legal drug, they
have to take their profits where they can get them, and that is
from the American consumer.
Couple that with, as the authors noted, the amount of people who
live in pain or die because the FDA blocks the sale of a drug, and
you have one sad situation. Remember ImClone, the Martha Stewart
thing? Underneath all that stock "scandal" bullshit was an
actual injustice. ImClone had developed a drug that helped
mitigate the effects of chemotherapy in cancer patients. However,
because of some sort of beaurocratic red-tape screwup, the FDA
blocked the drug from the market. Incidentally, this is what led to
the stock drop that eventually led to Martha's incarceration.
Anyway, ImClone went back and filled in the paperwork correctly,
and a year later, the drug was approved by the FDA, in its
original form. So, in effect, the FDA's paperwork maze
ended up killing untold hundreds of people.
It's high time that the FDA's power was cut back. Instead of being
able to block a drug from the market, their sole purpose should be
to enforce the disclosure of any and all known negative effects of
drugs. Then, the people, instead of some beaurocratic pile of shit,
could make their own decisions about whether the it's
worth the risk. A new drug would show up on the market, and, like
any other consumer product, the market would sort it out. If a drug
relieved headaches, but had a 1 in 5 chance of stroke or heart
attack, my guess is that it wouldn't be profitable. But if a drug
mitigated the effects of AIDS, and only had a 1 in 5000 chance of
death, then I would think it could be successful.
All in all, it's time to take the risk/reward decisions out of the
hands of the FDA, and put it back where it belongs: in the hands of
those people who are actually taking the risk.
Back from traveling, and need to scream!
Gawd, how cute an article, but it only contains half the truth, you
might almost think they were paid to write it by merck
itself.
My I suggest, for your edification, you read the following warning
letter issued to Merck all the way back in '01 (back when those of
us in the various cox-2 R&D programs were already aware of the
slight but documentable risk).
http://www.fda.gov/foi/warning_letters/g1751d.htm
Merck did know, and did lie to doctors. That's why Vioxx is off the
shelves and Celebrex is still on them. Merck got caught lying, and
the bottom line...that is the liability here.
Jeez louise, lets only tell part of the story, reading this article
was like listening to Dan Rather talk about memos.
For those who wish to know the liabiltiy risk that Pfizer faces
should read up on the history of the only half published CLASS
study. That one is interesting, I believe a pharmocology student on
the west cost is the one who realized that something was missing
from that one (the whole second half of the study) I think that the
editor of JAMA still hasn't forgiven the Celebrex researchers for
that bait and switch.
Site comments/questions:
Media Inquiries and Reprint Permissions:
(310) 367-6109
Editorial & Production Offices:
3415 S. Sepulveda Blvd.
Suite 400
Los Angeles, CA 90034
(310) 391-2245