One Company Fought the FDA and Won. What That Victory Means for Medicine.
Vascular Solutions CEO Howard Root faced years of jail time in a legal battle over off-label use that has profound implications for medical innovation in America.
Howard Root is the CEO and founder of the medical device company Vascular Solutions, which develops life-saving medical technologies, such as freeze-dried blood plasma to help wounded soldiers on the battlefield and catheters that make heart surgery safer and easier for doctors.
But five years ago the Food and Drug Administration filed a criminal lawsuit against Vascular Solutions that might have sent Root to prison for 4 years, while tearing apart the company he's spent decades building. Why? Because of a petty bureaucratic dispute over whether Vascular Solutions encouraged doctors to use one of its devices in a way that helped patients, but that the FDA had refused to sanction.
Ultimately the company prevailed, but Vascular Solutions's 5-year, $25 million nightmare has profound implications for the future of medicine in America.
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Approximately 10 minutes. Produced by Zach Weissmueller. Music by Chris Zabriskie.
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RE: One Company Fought the FDA and Won. What Their Victory Means for Medicine.
This is blasphemy at its acme.
We all know bureaucrats know more about medicine than anyone in the medical field.
What's wrong with these researchers and doctors?
Have they been taking FDA approved drugs?
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Several people, including me, had pithy and amusing comments on this thread that have disappeared. Have we been "Facebooked"?
Pithy and amusing? Says you!
Reason just unfriended the commentariat.
Damn, I went to all the trouble of editing this crap and now the comment I was going to respond to is gone! Well, I'm going to post it - out of context, even! - BFYTW.
The FDA has a more power than you could possibly fathom. You weep for consumers, and you curse the bureacracy. You have that luxury. You have the luxury of not knowing what I know. That consumers' death, while tragic, probably saves (government) jobs. And my existence, while grotesque and incomprehensible to you, saves jobs. You people don't want "the truth" because deep down in places they don't talk about at parties, you want me on that wall, you "need" me on that wall.
We use words like safety, regulation, violations. We use these words as the backbone of a life spent crushing your liberties. You use them as a battlecry. I have neither the moral rectitude nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very oppression that I provide, and then questions the manner in which I provide it. I would rather you just said nothing at all, and went on your way, otherwise, I suggest you pick up a lawyer, and go deeply into debt.
Either way, I don't give a damn what you think "limited and enumerated powers" means.
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Vascular Solutions is a good neighbor of ours. I walk by their main office every day.
The CEO had a op ed in the local rag.
Don't read the comments. Too many who think the CEO is guilty because he is a CEO and thus a greedy capitalist.
The FDA allows limited research on certain patient populations (children, pregnant, elderly, etc) usually resulting in thr use of said drugs or devices in those populations as 'off label'. This puts physicians and institutions who use these potentially lifesaving interventions at additional medico legal risk. Even using an approved drug in a different route than initially studied (e.g. IM vs. IV) is "off label". The FDA has also delayed the approval of proven life saving medications for dubious reasons for years after they have been used in other markets with excellent results. Fuck the FDA.
Wonder how many proggies who love the FDA when it comes to them cracking down on e-cigs are aware that they also forbid drugs from being imported from Canada, helping to drive up the price here and make healthcare more expensive?
They love it. That is government "protecting" us from evil corporations. As for the increased price, they're for socialized medicine, so the increased price is all the fault of those evil capitalists who hate health.
Moar Government Power. That is always the answer.
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I worked in the medical device industry for 20 years. The DOJ was investigating my last company for the same reasons it went after Vascular Solutions...Off Label Promotion. 6-10 of our Sales people and managers had been interrogated by the feds. They were shown their own emails (since the feds had snooped through all communication within the company) and were confronted with many questionable or overly enthusiast emails. Many were threatened with jail time...especially for perjury. Most were shaken to the core over what the government was doing. I am glad I exited the entire industry a couple years ago. Not fun times in the Med Tech industry. The feds have wormed their way in to the entire industry. Every time you do anything for a doctor...like a cup of coffee or dinner or give them a pen...it goes in a federal database (Sunshine Law). You will be immediately terminated if you take a physician golfing or to a baseball game. Plus this scary push to prosecute Off Label Promotion.
In the meantime, the VAST majority of all medical "miracles" still come from the United States. Thankfully, even in the face of all the regulations and laws....Capitalism is winning.
Minnesoda is a hot bed of medical device technology. I do a lot of work in IoT things. Many times I have been approached about doing some very simple web development to display data from medical devices on the web or on a smart phone and I always run for the hills.
One recent customer had a device that collected absolutely benign data. Even if you hacked our database, you'd learn nothing of value. However, the cost of developing a HIPAA compliant site is so high that there is no way to do it. If this device had been an ice machine I could have cranked out a site in a couple weeks for a few thousand. With the health care aspect of it, I told the client that there is no way I'd do it. The fees would be too high and the liability is insane. I'd rather go work on other IoT opportunities where I didn't face a good chance I could go to jail.
"However, the cost of developing a HIPAA compliant site is so high that there is no way to do it. "
But think of the number of jobs complying with HIPAA and other FDA regs creates!
Medical Mafia protected from competition again! Mission Accomplished!
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Do we really need the FDA? Or would a private organization like "Consumers' Union" do a better job?
A private "Consumer's Union" could never enforce the medical mafia's power to shake down the peasants.
The Underwriter's Laboratory has been around for over a century, and seems to do well.
Make a version of that for medical devices.
How do these government thugs get away with witness intimidation/tampering? Isn't that supposed to be a crime?
Rules are for peasants, not their rulers.
No risk is too small. No administration too great.
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The real problem is that there is no downside for the prosecution, the FDA or for the government. If we want these sorts of improper attacks to stop we must punish those who try to do evil to people who are innocent.
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