[PAA-Discuss] Fwd: [wildestcolts] The New Scientist - When big pharma breaks the law, prosecute the CEO

rebelljb at aol.com rebelljb at aol.com
Tue Oct 19 18:40:59 EDT 2010



-----Original Message-----
From: Jim Moore <mofunnow at swbell.net>
To: undisclosed-recipients:;
Sent: Tue, Oct 19, 2010 5:24 pm
Subject: [wildestcolts] The New Scientist - When big pharma breaks the 
law, prosecute the CEO

 

             
http://www.newscientist.com/article/mg20827826.900-when-big-pharma-breaks-the-law-prosecute-the-ceo.html

       When big pharma breaks the law, prosecute the CEO               
19 October 2010 by Paul              Thacker
        Magazine issue 2782.


                             Patient safety will remain at risk until    
           big pharma's top executives are brought to book for their     
          companies' actions, says Paul Thacker          THERE have been 
so many stories about            pharmaceutical companies promoting the 
misuse or abuse of            their drugs that the names seem to merge 
- Zyprexa,            Seroquel, Paxil and more.          The latest 
case concerns GlaxoSmithKline's            Avandia (rosiglitazone), an 
anti-diabetes drug linked to            heart attacks. Last month, the 
European Medicines Agency            recommended its suspension from 
the market, while the US            Food and Drug Administration made 
it all but impossible for            doctors to write prescriptions for 
the drug.          With sales worth over $3 billion in 2006,            
Avandia was the world's best-selling diabetes drug until May            
2007, when The New England Journal of Medicine            published a 
study linking it to heart attacks. Reporters            circled, and 
the finance committee of the US Senate            investigated, forcing 
GSK to hand over internal documents.          As the main investigator 
into Avandia for            the Senate committee for the past three 
years, I looked            closely at the documents. I was appalled. 
 From 2000, GSK            pulled out all the stops to keep the drug on 
the market. Not            all studies were provided to regulators, and 
it intimidated            a doctor who criticised the drug. Even though 
GSK is in the            middle of multibillion-dollar lawsuits brought 
by thousands            of patients, it still has hundreds of documents 
hidden from            public view under court seal - a feature of the 
US system            that leaves documents provided under discovery 
accessible            only to the parties involved in the litigation.   
        How can we stop this? One way is to slash            what pharma 
can spend on encouraging doctors to prescribe            their drugs. 
Companies spend billions wining and dining            doctors. For 
instance, Forest Laboratories' 2004 marketing            plan for its 
antidepressant Lexapro notes it planned to            spend $34.7 
million to pay doctors to give lectures to their            peers, and 
$36 million on lunches for doctors to create "an            extended 
amount of selling time for representatives".          In legal 
settlements reached with the US            government, several 
companies have been forced to publish            databases listing 
monies they provide to doctors. A            provision in the Health 
Reform Bill passed this year will            from 2013 require 
companies to disclose payments above $10            made to doctors, 
and explain why. This will be available in            a searchable 
public database.          This will help, and may shame doctors into    
         not taking handouts, but we also need professional societies    
         to tighten ethical requirements to stop doctors accepting       
      pharma gifts.          A second route is to reform the continuing  
           medical education (CME) courses doctors must take every       
      year. Of the $2 billion spent on CME in the US, pharma funds       
      almost half. Companies claim this has no influence on            
prescribing practices, but internal company documents made            
public by the Senate finance committee contradict this. For            
example, Forest Laboratories' marketing material on Lexapro            
discussed how CME courses could be used to push sales of the            
drug.          Several universities have revised rules on            
industry funding. Stanford University in California now            
requires companies to pool their money and fund a number of            
activities instead of funding individual courses, as is            
still allowed in most medical schools. The Memorial            
Sloan-Kettering Cancer Center in New York has ended all            
commercial support for CME in 2007, without ill effects.          
Third, we need to penalise executives when            companies are 
caught committing illegal acts. Since 2004,            pharma has paid 
over $7 billion in fines and penalties, but            even these 
figures barely dent profits. The $2.3 billion            fine Pfizer 
paid in September 2009 for the way one of its            subsidiaries 
marketed Bextra, the non-steroidal            anti-inflammatory drug, 
and three other drugs, was the            biggest ever paid by a 
corporation in the US. Yet the fine            was just 14 per cent of 
$16.8 billion revenue from the drugs            from 2001 to 2008, 
little more than the price of doing            business.          Only 
pursuing executives through the courts            will make CEOs think 
twice about unethical behaviour. The            government has 
threatened to bring more criminal charges            against executives 
for breaking the law, but most are never            punished. Take 
Tachi Yamada, head of research at GSK when            negative studies 
on Avandia were being downplayed to keep            sales high. He left 
in 2006 to become president of the            Global Health Program at 
the Bill & Melinda Gates            Foundation. Using internal GSK 
documents, the Senate            committee assembled a report, released 
in 2007, that cited            Yamada as part of GSK's intimidation of 
a doctor who spoke            up about Avandia's health risks soon 
after it came on the            market. In 2008, Yamada was awarded an 
honorary doctorate            from Warwick Medical School in the UK, a 
leader in medical            education.                                 
                    Pursuing executives                  through the 
courts will make CEOs think twice about                  unethical 
behaviour



           Last, we must reform the legal process            itself. 
Major problems with drugs usually go public only            during 
litigation, when company documents become part of the            legal 
discovery process. That can take years. In February            2009, 
for example, a case brought by a whistleblower            resulted in 
AstraZeneca being forced to release more than            100 documents 
on its psychiatric drug Seroquel, out of view            for almost 
four years. They showed that marketing managers            discussed 
cherry-picking favourable data from one trial and            burying 
results of unfavourable trials that linked the drug            with 
obesity and diabetes.          Permanent staff in the Senate want 
reforms            compelling public disclosure of documents that come 
to light            during discovery, where they show evidence of a 
product's            potential to harm public health. All these reforms 
should be            made as soon as possible. While they may not 
completely            prevent industry misbehaviour, they will set us 
on the right            path.
Paul Thacker is an investigator at the Project On              
Government Oversight, a non-profit organisation exposing              
waste, fraud and abuse in federal government. He was              
congressional investigator for the US Senate's finance              
committee, where he was Senator Chuck Grassley's lead              
investigator on Avandia



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