A Recently Discovered Email Reveals that DePuy Knew More About Failures

According to a recently discovered internal email sent by a DePuy executive, there is a good reason why only one out of the two DePuy ASR hip components was ever sold in the United States. According to the New York Times, an August 2009 email from the vice president of DePuy admits that clinical trials for the ASR resurfacing device reported high failure rates and that the FDA would likely never approve their use in the United States based on those findings.

Hip resurfacing differs from total hip replacement in that it preserves more of the existing hip socket. The DePuy ASR Resurfacing System first went on the market abroad in 2003. However, because resurfacing had not been around for that long, the FDA required DePuy to conduct clinical trials before selling the device in the United States.

DePuy was able to introduce the ASR XL total hip replacement system earlier, however, through a regulatory loophole called 510(k) approval. They were able to prove that it was similar enough to existing products on the market to avoid clinical trials. It was put on the U.S. market in 2005.

Thus, it is important to keep in mind that the DePuy ASR Resurfacing System was the only full set of clinical trials that were available to analyze the safety of the products.  In 2009, when DePuy finished the clinical trials and sought FDA approval for sale in the United States, they were denied.

According to previous statements from DePuy, clinical trials did not forecast the high failure rates we are seeing now. In fact, they maintained that their internal information refuted the complaints that were coming in from surgeons and regulators abroad.

However, details uncovered in the August 2009 email from DePuy vice president Pamela Plouhar are clearly out of sync with these earlier claims. The email, sent with the purpose of outlining the FDA’s recent decision not to approve the resurfacing device, pointed to high failure rates seen in clinical trials.

Ms. Plouhar reported that there had been “a significant number of revisions in the ASR group” compared with “very few in the control group.” She also cautioned that further research might not change the FDA’s stance and that it may take years to conduct more research.

As surgeons involved in the clinical trials started to see higher failure rates in their patients, so did doctors in the UK and Australia, where the device was used on regular patients. When European and Australian regulators and surgeons started to report the failures, DePuy’s answer was that the surgeons were installing them improperly. Interestingly, the surgeons who installed the devices in the clinical trials were hand-picked by DePuy, including some who were involved in the development of the implant. If they were seeing high failure rates within their clinical trials, why would they blame the foreign doctors who were seeing the same results?

In documents dated just a few weeks after Plouhar’s email, a decision was made to phase out the resurfacing implant from the European and Australian markets. According to DePuy, this decision was made solely for “business purposes” because of declining sales, rather than safety issues.

**The ASR XL total hip replacement was eventually phased out in the United States in March of 2010 and recalled in August of 2010.

Andrew Ekdahl, the company’s current president, reiterated that position in his statement last week. When they made the decision to phase it out, however, regulators in Australia and the UK were closely scrutinizing the product for its safety issues. Logically, one could argue that declining sales had a lot to do with safety issues.

DePuy has declined to respond to specific questions about the email. Mindy Tinsley, DePuy spokesperson, said the email was “simply a notification to senior management about the FDA feedback as the company appropriately continued to study data.”

As the New York Times points out, DePuy does not appear to have violated any laws by not publicly releasing the FDA ruling. FDA policy is to not release these letters due to confidentiality purposes.

However, what does this say for DePuy, who maintained that the clinical data showed no signs of early failure, and that early failures can be attributed to a mistake made by the surgeon?

If you or a loved one has undergone total hip replacement surgery and has since experienced problems, it is important to understand your legal options as soon as possible. Contact an attorney for a free consultation.

For more information, see the original NY Times article HERE

For more information on the DePuy ASR litigation, visit www.badhipimplant.com

Propecia? What Propecia?

Visitors to www.propecia.com, Merck’s website for their hairloss drug Propecia, has recently gone missing. Have you seen it?

Someone has pulled the plug, at least temporarily, on Merck’s Propecia website and replaced it with a “website currently unavailable” notification page. What does this mean? The maneuver has left many to speculate. Will it be gone for good? Are there important changes coming? Are they preparing to admit fault? Did tech-savvy leprechauns steal it as an early St. Patrick’s Day joke?

Without dismissing the St. Patrick’s Day theory, it certainly seems like this could have a lot to do with the controversy over Propecia’s side effects- which has been heating up in the past few months. At the bottom of the notification page and in bold letters, Merck encourages anyone who is experiencing problems with the drug to report them to the MedWatch program at the FDA.

Although a multidistrict litigation (MDL) has not been established yet, plaintiffs have recently motioned for consolidation and expect it to happen soon. As the litigation builds in momentum, Merck’s need to address the issues builds as well.

Merck’s site for Proscar, a higher dose of finasteride used to treat BPH (benign prostatic hyperplasia), has also gone missing. So either this website bandit has an affinity for 5a-reductase inhibitors, or we will be seeing some interesting changes when the site goes live again.

 

If you are thinking of pursuing action for your Propecia/Proscar/Finasteride side effects, now is the time. Contact an attorney for a free consultation today.

Confidence in Medtronic’s Infuse BMP Continues to Drop- And So Do Sales

According to news sources, Medtronic is continuing to see the sales of their Infuse BMP drop.  While sales of the bone graft product still came in at around $800 million in the fiscal 2011, MSNBC and Reuters say sales began to drop as early as August. The company cited both the U.S. Senate investigation, concerning the omission of unfavorable outcomes in clinical trials, and the probe led by the Department of Justice for off-label marketing.

The 2012 year isn’t looking much better for the Medtronic, especially after a recently publicized link between the device and certain types of cancer. The study, released by The Spine Journal, piqued the interest of doctors and analysts, who are saying that this information calls for new scrutiny from health officials.

Does the Medtronic Infuse BMP Cause Cancer?

Dr. Eugene Carragee, author of the June issue of The Spine Journal, reported there to be a link between certain types of cancer and the Infuse BMP bone graft product. Specifically, the study reported a higher instance of breast, prostate, and pancreatic cancer in recipients of the Infuse BMP. He did specify, however, that the Infuse is “almost certainly… cancer promoting and not a carcinogenic.”

According to Dr. Carragee, patients had a 2.4 times greater risk of developing cancer one year after the product was used. That risk increased to five times greater after three years.

Infuse’s higher dose counterpart, Amplify, was also included in the study and had an even stronger link to cancer. Not surprising, seeing as Amplify was rejected by regulators after a lengthy debate about- you guessed it- cancer risks.

All parties agree that more research is needed in order to analyze the safety of the product. Despite his findings, Carragee told MSNBC that he would not like to see infuse taken off the market because it can provide benefits to patients with few options. According to Reuters, Medtronic CEO Omar Ishrak maintains that he will do “whatever is necessary to ensure patient safety and maintain the integrity of the 62-year-old company.”

Click on Picture to go to ABC News- Original Article

Did Medtronic Know about the Problems with Infuse?

The recent link to cancer is not the first mark on the reputation of the Infuse BMP. The U.S. Senate launched an investigation into the omission of critical data and safety concerns in clinical trials.

The Spine Journal reported that surgeons receiving payment from Medtronic did not report their findings of serious side effects including sterility in men, infections, bone dissolution, and worsened back and leg pain. According to the issue, about 10%-50% of patients from over 13 clinical trials within the last decade experienced complications.

**You can see the U.S. Senate’s letter to Mr. Ishrak, Medtronic CEO, here.

What about Off-Label Use?

Since Medtronic was relying on an estimated 85% of their profit coming from off-label use, it is no surprise that they are seeing a significant drop in sales. The first thing doctors are going to cut out of their treatment plans is the off-label use of this dangerous product- and for good reason.

The Infuse was never approved for cervical (neck) repairs, or for surgeries with a posterior or lateral approach, yet it is used widely for all of these types of surgeries. Now, Carragee expects doctors to be more careful. “The risk is too high to be used off label,” he said. “I suspect the next step will be a more cautious use of the drug in patients and directing the use to patients at high risk for the bones not healing well.”

According to MSNBC, Wells Fargo analyst Larry Biegelsen expects surgeons to seek out alternatives and only use Infuse in the most complicated cases. He also believes that surgeons will be less willing to use Infuse off-label. Mizuho Securities analyst Mike Matson agreed, adding that they anticipate the decline in Medtronic’s Infuse sales to worsen and prompt an increase in lawsuits.

Do you have the Medtronic Infuse BMP Bone Graft device, or know someone who does?

If you or someone you love has suffered from the Infuse BMP, contact an attonrey now for a free consultation.

Why (and how) to Dispose of your Expired Medications

Thinking of eating that last piece of ham sitting in your fridge a week after its expiration date? I didn’t think so. But a lot of people do not give enough consideration to what the expiration date on their drug could mean. It’s true, from sunscreen to bottled water, it seems like you can find an expiration date on just about anything. However, you shouldn’t dismiss the date on your prescription bottle nearly as quickly as the date on your water bottle.

Why?

As a fun fact, bottled water is considered to have an infinite shelf life. The FDA regulates bottled water as it is considered a “food,” but they do not require an expiration date. Manufacturers may choose to put an expiration date on their products for various reasons such as aesthetic defects such as off-odor or taste.

More importantly, why should you not use the rest of your ear infection medication if you feel one coming on? The expiration on your prescription serves a much more important purpose. The FDA warns that expired medical products can lose effectiveness and even be dangerous due to a decrease in potency or a change in chemical composition.

“Once an expiration date has passed there is no guarantee that an expired medicine will be safe and effective” says FDA pharmacist, Illsa Bernstein.

In addition, improper storage can also decrease the level of effectiveness in medicines that have not yet reached their expiration date. Most labels or instructions will tell you in which climate you should store the medication.

 

Picture from referenced FDA report- click to visit

 

What do you do with expired prescription drugs?

Many labels also will give you instructions for disposal. If none are provided, the next best thing is a drug take-back program if one is available. Check with your local government to see if there is a drug take-back program available in your area. If this is not available, federal guidelines recommend disposing of medicines in the trash by placing it in a bag or container and mixing it with coffee grounds or kitty litter.

Some medications will direct you to flushing down a toilet or sink because it could be especially harmful to a child, pet, or anyone else if it is taken accidentally.

You can visit the Disposal of Unused Medicines page for more information on proper drug disposal.

Motion Filed for Propecia MDL as Lawsuits are Expected to Pile Higher

Lawsuits alleging that Propecia causes persistent sexual side effects in men have been piling up over the past year. According to aboutlawsuits.com, about two dozen complaints have been filed in eight different federal district courts. More importantly, it is expected that in coming months the number of claims will turn into several hundred. In situations where there are more than 100 cases filed in federal court against the same pharmaceutical defendant, the solution is often the formation of an MDL, or Multidistrict Litigation. This may be happening very soon, according to aboutlawsuits.com.

On December 6th, plaintiff Christopher Masefield filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to consolidate claims against Merck, manufacturer of finasteride drugs Propecia and Proscar. Masefield is asking that the litigation be centralized and consolidated in the U.S. District Court for the Eastern District of New York, or the Western District of Washington.

What is a Multidistrict Litigation?

For those of you who are not familiar with the term, a multidistrict litigation is a way of dealing with a large number of claims. Once an MDL is established, all claims of the nature are consolidated to one judge and centralized in one district of the United States. They are consolidated for efficiency purposes to avoid duplicative discovery and to ensure consistent pretrial rulings.

Multidistrict litigation is often confused with class action suits, as they both deal with a large number of claims. However, an important distinction is that a class action suit is structured so that an individual (or small group of individuals) sues on behalf of a large number of people. They also distribute the money more equally regardless of each plaintiff’s individual circumstances. In a multidistrict litigation, each plaintiff has their own claim and the claim has its own value.

Image from Men’s Journal Article- Click Image to Visit

More on Propecia

Recently, Men’s Health printed an article  on Propecia’s devastating effects on some men. They cite scientific studies, including one dating back as far as 2003 in the journal Urology. There were many men who dropped out of the study due to the intolerable nature of the sexual side effects. As Merck has always acknowledged that sexual side effects were possible while on the drug, the drop outs were not of concern. However, according to Dr. Wessells, lead investigator of the study, only half of the men who dropped out of the study saw full resolution of their symptoms 6 months after taking the pills. “It was always one of the strange things about that study, as to why these men didn’t get better” he recalled.

As more instances of persisting sexual side effects have been reported, more doctors have become interested in finding answers. Included is Dr. Michael Irwig, endocrinologist at George Washington University and lead researcher of March 2011 study on finasteride use- published in the Journal of Sexual Medicine.

Despite the compelling studies that have shown a correlation between finsateride and sexual side effects, there are still many pieces that doctors and researchers are trying to put together. Most importantly, patients and doctors alike are still desperately searching for an effective treatment for what some doctors are diagnosing as “PFS,” or “Post-Finasteride Syndrome.”

If you have taken Propecia or Proscar and are experiencing sexual side effects, please contact our office for a private and free consultation.

Additional Resources (besides those linked above):

Propeciahelp Website Men’s Journal November 2011

Recent Study Prompts Black Boxed Warning for Heart Drug Multaq

Upon completing a safety review on the heart drug Multaq (dronedarone), the FDA announced Monday that Multaq labels are in need of a more serious warning for serious and/or deadly cardiovascular events.

Multaq (drondedarone) is prescribed to patients with an abnormal heart rhythm such as atrial fibrillation (AF) or atrial flutter (AFL). In July 2011, the FDA released a safety announcement  that they would review data from the Permanent Atrial Fibrillation Outcome Study Using Dronedarone on Top of Standard Therapy (PAALAS).

The study, sponsored by Sanofi Aventis (manufacturer of Multaq), evaluated Multaq’s effectiveness in reducing incidence of stroke, hospitalization for heart failure, or death from arrhythmia in patients with permanent atrial fibrillation. The results showed there to be a significant increased risk of cardiovascular death, stroke, and heart failure in Multaq users whose arrhythmias are permanent (as opposed to temporary, where they may come and go).

In order to evaluate whether these increased risks applied to patients with non-permanent AF, the FDA reassessed the ATHENA trial, which was the clinical trial supporting Multaq’s approval for non-permanent AF. The ATHENA data showed that the drug does provide a benefit to patients with non-permanent AF, as they did not appear to have an increased risk of cardiovascular death, stroke or heart failure.

To see the updated warnings, click here to go to the FDA’s Monday safety announcement.

In addition to the risks reported from the PAALAS study, the Wall Street Journal recaps that Multaq already carried a boxed warning after a study showed it more than doubled the risk of fatality for the sickest heart-failure patients. The FDA already intervened earlier this year by telling Sanofi to add “liver injury, including acute liver failure requiring transplant” to its warning label.

The FDA advises that Multaq users consult their healthcare professional if they have any questions or concerns about Multaq. Patients should not stop taking Multaq without talking to their healthcare professional.

 

Newest Avandia Restriction in Effect- Actos Facing More Criticism for Bladder Cancer Risk

As of Friday, November 18th, rosiglitazone-containing medicines (Avandia, Avandamet, and Avandaryl) will no longer be available through retail pharmacies. From now on, these drugs will only be available through specially-certified, online pharmacies to those who enrolled in the Avandia-Rosiglitazone Medicines Access Program before November 17, 2011.

The FDA decided to further restrict the distribution of Avandia over a year ago- on September 23, 2010. The decision was based on data that suggested rosiglitazone posed an elevated risk for heart attack. This restriction went a step further than the existing black box warning (added in 2007) and is part of a “Risk Evaluation and Mitigation Strategy” (REMS) – a program the FDA may require to manage serious risks of marketed drugs.

Since the heart attack risks associated with Avandia were exposed, many users have switched to alternative diabetes medications. Many could have opted to switch to Actos (pioglatizone), a diabetes medication in the same class as Avandia.

Unfortunately, Actos poses its own risks that have received an increasing amount of attention from regulators. In August of this year, the FDA reported that interim results from a 10-year study on pioglatizone (Actos) showed that taking it for over one year increased the relative risk of developing bladder cancer by 40 percent. This warning was preceded by announcements from several months before made by European drug regulators who had already seen similar results in their studies.

Signs of bladder cancer can include:

1.)    Painful or burning urination

2.)    Blood in the urine

3.)    Frequent urinary tract infections

4.)    Frequent urination

For more information on Actos and bladder cancer, click on this image

The FDA recently approved major label changes that address the bladder cancer risk. The agency warns doctors that “the benefits of blood sugar control with pioglitazone should be weighed against the unknown risks for cancer recurrence.”

So far, the FDA has not issued a black box warning for Actos. However, some experts expect to see Actos follow a similar path as Avandia in terms of restrictions. In fact, given their risk-benefit analyses, experts are advising users to switch to a medication associated with less serious risks and to only consider Actos as a last resort.

Hundreds of lawsuits have been filed on behalf of diabetics who developed bladder cancer after using Actos. On December 1, 2011, a panel will meet to discuss whether or not these cases will be consolidated to a multi-district litigation (MDL).

If you or a loved one has developed bladder cancer after taking Actos for over 12 months, Please contact an attorney for a free consultation.

Conflicting Chantix Studies: Do Risks Outweigh Benefits?

Although it may not work for everyone, there is not much dispute over whether or not Chantix can be an effective aid for quitting smoking. The safety of using the drug, however, has increasingly become a subject of controversy. Recent studies have come to very conflicting conclusions as to whether or not the risks outweigh the benefits. Pfizer, the manufacturer of Chantix, is siding with the FDA on this one.

When Chantix was approved for market in 2006, the patient information did not warn of any neuropsychiatric side effects. Users started to experience and report adverse events related to mood and behavioral change. The FDA put pressure on Pfizer to warn for the potential psychiatric effects that had been reported since the drug came on the market. While Pfizer slightly altered labeling to honor the FDA’s request, the added warning proved to be insufficient as more and more adverse events were reported in the next years.
Users and family members of users were reporting an increasing amount of suicidal behavior and depressed mood disorders. Finally, the FDA required Pfizer to add a black box warning on the label in 2009.

The FDA sponsored two post-market studies that measured the frequency of psychiatric episodes requiring hospitalization compared to other nicotine replacement therapy. They announced the results at the end of October, reporting that Chantix does not pose a substantially greater risk for neuropsychiatric adverse events than alternative drugs of its kind.

Meanwhile, researchers at Safe Medicine Practicesan independent drug safety research group, had been conducting similar studies. They released their findings last week, reporting that 90% of all reported suicides related to anti-smoking treatments from 1998 to 2010 involved Chantix, even though the drug was only on the market for 4 of these years. “We believe this drug is not suitable for use as a first choice for people who are trying to stop smoking,” researcher Thomas J. Moore told WebMD.

The Safe Medicine Practices study is published online and appears in the November issue of PLoS One. Researchers say that Chantix use was eight times more likely to result in suicidal behavior or depression than use of nicotine-replacement gums, patches, lozenges, and inhalers.

Because the FDA studies examined and relied on hospitalization records, Moore calls the studies “fatally flawed.”  “Suicide does not result in hospitalization” he says. They’ve asked the FDA to revise its labeling for Chantix to show the
increased risk found in their study. However, even though the FDA admits to significant limitations of the studies, it stands by its findings and insists the existing black box warning is sufficient.

Needless to say, Pfizer prefers the results of the FDA-sponsored studies over those of the independent research group. Pfizer now plans to conduct a new clinical trial examining psychiatric events in Chantix users compared to users of Zyban, nicotine replacement, and placebo in people with and without prior psychiatric problems. Results are expected to come out in 2017.

For now, the FDA is not adding any increased risk to the labeling of Chantix. However, it still carries the most serious warning the FDA gives, and for the same serious risks. Depression, suicidal ideation, suicide attempt, and completed suicide have all been reported in users taking Chantix, and none of these risks were published in early labeling.

If you believe you or a loved one has been adversely affected by Chantix, please contact an attorney immediately for a free consultation.

More Controversy over MoM Devices

This month, a leading research group reversed its previous
position on the safety and efficacy of hip resurfacing devices as they compare
to total hip arthoplasty (THA).  The
California Technology Assessment Forum
released a new review of
these devices concluding that, based on current peer-reviewed literature, hip
resurfacing is not necessarily a better alternative than the current standard
of care (THA).

This is a step backward for supporters of the hip
resurfacing technique; just last year CTAF supported the position that hip
resurfacing could be a better alternative to THA for some patients.  However, as author Dr. Judith Walsh pointed
out, the group’s previous assessments acknowledged lack of clinical trials
directly comparing the two procedures.

Total Hip
Arthoplasty (THA) Vs. Hip Resurfacing

In case you are not familiar, total hip arthoplasty is the
same as a “total hip replacement”. This means that both the femoral head and
the acetabulum are replaced with artificial devices. In a hip resurfacing
procedure, the femoral head is left intact and an acetabular component is
inserted. Hip resurfacing has been promoted to younger patients, for whom THA
is not expected to last for the rest of their life. Reports of earlier return
to function and less restriction on function have made it more attractive for
younger patients, as well.

However, as CTAF’s 2011 report notes, there are downsides to
resurfacing. It can be a more complicated surgery, one that only specifically
trained surgeons should perform. It also can lead to avascular necrosis over
time, as the favored approach can devascularize the femoral head.

Hip Resurfacing Arthoplasty

 

CTAF October 2011
Review

Using a set of 5 criteria in a “technology assessment” (TA),
they evaluated three most common metal-on-metal (MoM) hip resurfacing systems. The
systems must meet the established criteria in order to confirm that resurfacing
provides notable benefits over THA. Three important criteria were not met. From
their analysis of peer-reviewed studies on the matter, they found that (1) the
technology (of hip resurfacing) did not improve health outcomes; (2) the
technology was not as beneficial as any established alternatives; and (3) the
improvement is not attainable outside of the investigative setting.

Limitations and
Further Study

According to the New York Times, a hip resurfacing
expert criticized the report for failing to take into account a number of
benefits for certain patients, including reduced potential for dislocating
joints and increased mobility. Dr. Edwin P. Su, an orthopedic surgeon at the
Hospital for Special Surgery in New York, argues that active men who are younger
than age 65 are good candidates for resurfacing and he sees significant
benefits for that group of patients.

CTAF acknowledges that many questions remain as far as long-term
results of resurfacing, THA, and revision surgeries. They also do not claim
their findings to be conclusive. However, the review did succeed in challenging
previous assumptions about resurfacing vs. THA. Dr. Walsh concludes that, based
upon CTAF’s review, “It is [now] incumbent upon the hip resurfacing community
to prove the efficacy and safety of MoM hip resurfacing in randomized clinical
trials, rather than subjecting young patients to significant potential harm
over their lifetimes.”

According to the New York Times, other prominent orthopedic
groups are planning to take a closer look at hip resurfacing and whether or not
it provides true advantages over THA.

“Secret Ingredients” in Weight Loss Drugs- Exposed

Recently, the Federal Drug Administration released notifications
for over 15 weight loss products
, warning of a hidden ingredient that is known
to pose serious health risks. Most of them are sold both online and in various retail stores, and they are often
marketed as being “all natural.” The notifications state that the products have
an “undeclared drug ingredient,” and the FDA is urging people to discontinue
use immediately and throw the products away.

"Hoodia"- one of the weight loss products found to contain sibutramine

 

 

Although there are individual notifications for each product, the FDA
recognizes them as part of an “emerging trend where over-the-counter products,
frequently represented as dietary supplements, contain hidden active
ingredients that could be harmful.”

For most of the weight loss products, the undeclared drug
ingredient sibutramine is the main concern. Sibutramine was removed from
the U.S. market
in October 2010 after it was discovered to pose significant
health risks. According to the FDA, it is known to substantially increase blood
pressure and/or pulse rate, and can be a major risk for patients with a history
of coronary artery disease, stroke, arrhythmias, or congestive heart failure. It
can also interact “in life threatening ways” with other medications a consumer
may be taking.

"Slender Slim 11"- another weight loss product included in the FDA series of notifications

The FDA is recommending that consumers who have experienced
any negative side effects should consult a health care professional as soon as
possible. They are also urging those who have been affected to report
adverse events
or related side effects to the FDA’s MedWatch Safety Information and Adverse
Event Reporting Program.

There may be other products involved in this trend as well.
A note at the end of each notice cautions:

“Note: This
notification is to inform the public of a growing trend of products marketed as
dietary supplements or conventional foods with hidden drugs and chemicals. These
products are typically promoted for sexual enhancement, weight loss, and body
building, and are often represented as being “all natural.” FDA is unable to
test and identify all products marketed as dietary supplements that have
potentially harmful hidden ingredients. Consumers should exercise caution
before purchasing any product in the above categories.”

Please click here to visit the FDA site and view the notices.

If you believe you or a loved one has been harmed by deceptive product labeling and/or packaging, please contact us for a free claim evaluation.

Blog at WordPress.com.
Theme: Esquire by Matthew Buchanan.

Follow

Get every new post delivered to your Inbox.

Join 264 other followers