Over the last 30 years, 20 per cent of drugs approved by the FDA were later classified as “BAD Drugs”, meaning that they were later withdrawn from the market or given a black box warning.(1)(2) Why does the FDA approve risky drugs which end up being banned? This question is explored by Daryl Kulakin on his That's Fit Blog detailing conflicts of interest in medicine and corruption in medical journals.(3) This issue is also explored by Shannon Brownlee in her Washington Monthly article, "why you can’t trust medical journals anymore".(4)
David Graham MD, Director of Drug Safety at the FDA uttered his famous phrase during Congressional testimony November 2004 “The FDA is incapable of protecting the American Public against another Vioxx”.(5)(6)(7)(8)
Do you like lawyers? If you asked me if I liked lawyers, I would laugh and tell you a few lawyer jokes. One of my favorites is, “How do you tell the difference between a lawyer and a sperm? The answer is: the sperm has a one in 10 million chance of becoming a human being”. In spite of the jokes, and since the FDA can't protect us, lawyers and drug litigation may be our last protection from bad drugs. Drug litigation by lawyers gives us an early warning sign about a bad drug. Drug litigation can uncover secret information about adverse drug side effects which drug companies hide from the public (13).
Avandia and Rezulin, Diabetes Drugs
Lawsuits were filed in New York against Pfizer claiming that Lipitor (atorvastatin) causes memory loss, peripheral neuropathy, fatigue and muscle damage. Lipitor's labelling warns patients to tell their doctor if they suffer any symptoms of muscle pain or weakness.
Adderall, an amphetamine by Shire markets used for ADHD.(29) On February 9, 2005, Health Canada suspended the sale of ADDERALL used for Attention Deficit Hyperactivity Disorder (ADHD) in children because of 20 reports of sudden death. Fourteen of which occurred in children, and six in adults. There were 12 reports of stroke, two of which occurred in children.
Risperdal (Risperidone) is an anti-psychotic medication by Janssen Pharmaceutical, Johnson & Johnson used for bipolar disorder. Serious side effects: Diabetes, Diabetic Coma, Hyperglycemia, Ketoacidosis, Neuroleptic Malignant Syndrome, Pancreatitis, Stroke, Tardive Diskinesia, Weight Gain, Death.(38) (1) http://jama.ama-assn.org/cgi/content/abstract/287/17/2215
Timing of New Black Box Warnings and Withdrawals for Prescription Medications Karen E. Lasser, MD,MPH; Paul D. Allen, MD,MPH; Steffie J. Woolhandler, MD,MPH; David U. Himmelstein, MD; Sidney M. Wolfe, MD; David H. Bor, MD JAMA. 2002;287:2215-2220.
(2) http://www.citizen.org/publications/release.cfm?ID=7171
Public Citizen on the article in JAMA: Timing of new black box warnings and withdrawals for prescription medications (HRG Publication #1618)
(3) http://www.thatsfit.com/2006/10/04/why-the-fda-approves-bad-drugs/
Why the FDA Approves Bad Drugs, Thats Fit Blog, Oct 4th 2006 1:00PM by Daryl Kulak
(4) http://www.pnhp.org/news/2008/may/doctors_without_bord.php
Posted on May 20, 2008 Doctors Without Borders: Why you can't trust medical journals anymore. By Shannon Brownlee Washington Monthly
(5) http://www.intelihealth.com/IH/ihtIH/EMIHC267/333/21291/404591?d=dmtICNNews
FDA Called 'Defenseless' Against Bad Drugs, November 18, 2004 Aetna IntelliHealth
(6) http://www.forbes.com/home/sciencesandmedicine/2004/12/13/cx_mh_1213faceoftheyear.html
Pharmaceuticals Face Of The Year: David Graham by Matthew Herper, 12.13.04 Forbes.
To hear Graham tell it, this is part of a systemic failure to address drug safety on the part of the FDA, a story that reaches back over the entirety of his 20-year career at the agency.
(7) http://en.wikipedia.org/wiki/David_Graham_(whistleblower)
David Graham Wikipedia Whistleblower Biography
(8) http://www.drug-injury.com/druginjurycom/2005/12/fdas_david_grah.html
FDA's David Graham Says U.S. Drug Safety System No Better in 2005
Graham Criticizes Agency's Performance During The Year Since Vioxx Recall by Tom Lamb
(9) http://www.formularyproductions.com/master/showpage.php?dir=blackbox&whichpage=9
Black Box Warning information researched and published by: Joyce Generali, MS, RPh, FASHP
Director of Kansas University Hospital Drug Information Center Clinical Professor Kansas University
(10) http://www.resource4thepeople.com/recalleddrugs/index.html
Recalled Drugs Listing, Free Recalled Drugs Case Review, Resource 4 the People
(11) http://www.consumerreports.org/cro/health-fitness/
drugs-supplements/common-drugs-hidden-dangers-106/overview/index.htm
Prescription for trouble Common drugs, hidden dangers. Consumer Reports
(12) http://www.consumerreports.org/cro/health-fitness/
drugs-supplements/common-drugs-hidden-dangers-106/highrisk-drugs/index.htm
Drug risks the system missed This table lists the relatively common drugs we've identified as having known or suspected serious risks that were undetected or underestimated when the FDA approved them. Consumer Reports Overview of Risky Drugs
(13) http://jama.ama-assn.org/cgi/content/full/297/3/308
The Role of Litigation in Defining Drug Risks Aaron S. Kesselheim, MD, JD; Jerry Avorn, MD JAMA. 2007;297:308-311.
(14) http://search.yahoo.com/search;_ylt=A0geu.hlv9BGyF4AVTJXNyoA?p=unsafe+drugs+in++litigation&y=Search&fr=
Yahoo Search of Unsafe Drug Litigation about 1.5 Million hits
(15) http://www.annals.org/cgi/content/full/0000605-200710160-00182v1
Uncertain Effects of Rosiglitazone on the Risk for Myocardial Infarction and Cardiovascular Death George A. Diamond, MD; Leon Bax, MSc; and Sanjay Kaul, MD 16 October 2007 | Volume 147 Issue 8
(16) http://content.nejm.org/cgi/content/full/NEJMp078167
The Rosiglitazone Story — Lessons from an FDA Advisory Committee Meeting Clifford J. Rosen, M.D. www.nejm.org August 8, 2007 (10.1056/NEJMp078167)
(17) http://www.fda.gov/cder/drug/advisory/pergolide.htm
FDA Public Health Advisory Pergolide (marketed as Permax)
(18) http://search.yahoo.com/search;_ylt=A0geu66F981G_FgA2c1XNyoA?p=fosamax+litigation&y=Search&fr=yfp-t-499
Fosamax Litigation Search Terms
(19) http://en.wikipedia.org/wiki/Fosamax
Fosamax on Wikipedia
(19) http://www.ada.org/prof/resources/topics/osteonecrosis.asp
Osteonecrosis of Jaw ONJ, ADA
(20) http://www.ada.org/prof/resources/pubs/jada/reports/report_bisphosphonate.pdf
American Dental Association on ONJ and fosamax. Dental management of patients receiving
oral bisphosphonate therapy Expert panel recommendations American Dental Association Council on Scientific Affairs
(21) http://www.ada.org/prof/resources/topics/topics_osteonecrosis_consent.pdf Obtaining Obtaining Informed Consent Relating to Risks Associated with Oral Bisphosphonate Use
(22) American Association of Oral and Maxillofacial Surgeons Position Paper on Bisphosphonate-Related Osteonecrosis of the Jaws Approved by the Board of Trustees September 25, 2006 “it would appear prudent to consider all patients taking bisphosphonates to be at some risk for ONJ,”
(23) http://www.aaoms.org/docs/position_papers/osteonecrosis.pdf
American Association of Oral and Maxillofacial Surgeons Position Paper on Bisphosphonate-Related Osteonecrosis of the Jaws Approved by the Board of Trustees September 25, 2006
(24) http://www.aae.org/ManagedFiles/pub/0/Pulp/bisphosonatesstatement.pdf
Endodontic Implications of Bisphosphonate-Associated Osteonecrosis of the Jaws. Bisphosphonates May Put Patients At Risk For Deterioration Of The Jaw, American Association Of Endodontists
(25) http://www.prempro.com/index.aspx
Official Prempro web site
(26) http://www.nhlbi.nih.gov/new/press/02-07-09.htm
NATIONAL INSTITUTES OF HEALTH National Heart, Lung, and Blood Institute Tuesday, July 9, 2002 NHLBI Stops Trial of (Prempro) Premarin Plus Progestin Due to Increased Breast Cancer Risk, Lack of Overall Benefit. NIH Press Release Halting WHI PremPro study because of increase cancer and heart disease from synthetic hormones.
(27) http://classaction.findlaw.com/cases/prempro/
Prempro litigation, Lawyer WebSite
(28) http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2005/2005_134-eng.php
Health Canada prohibits sale of Bextra in Canada. Advisory 2005-134 December 16, 2005
Following a review of safety information, Health Canada is informing the public that Bextra, an anti-inflammatory drug used to treat arthritis and pain, will not return to the market.
(29) http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2005/2005_01-eng.php
Health Canada suspends the market authorization of ADDERALL XR® , a drug prescribed for Attention Deficit Hyperactivity Disorder (ADHD) in children
(30) http://www.furiousseasons.com/zyprexadocs.html
Zyprexa Documents Revealed Furious Seasons BLog Jim Gottstein
(31) http://reliableanswers.com/med/zyprexa_off_label.asp
Activists Take on Eli Lilly Over Off-Label Sale of Zyprexa Update May 28, 2007:by Evelyn Pringle
(32) http://www.lawyersandsettlements.com/articles/00586/zyprexa-injury.html
Zyprexa Injury Clock Keeps Ticking Away February 2, 2007. By Evelyn Pringle on Zyprexa Litigation
(33) http://www.redorbit.com/news/health/611198/
zyprexa_users_eagerly_await_settlement_payments/index.html?source=r_health
Zyprexa Users Eagerly Await Settlement Payments August 2006 By Jeff Swiatek, The Indianapolis Star Aug. 10--More than 8,000 users of Eli Lilly and Co.'s top-selling drug should find out this month how much their pain and suffering is worth.
Zyprexa Litigation Settlements
(34) http://www.iht.com/articles/2007/04/25/business/drug.php
U.S. drug agency investigating accuracy of Lilly's Zyprexa data, International Herald Tribune
By Alex Berenson Published: April 25, 2007
(35) http://www.scoop.co.nz/stories/HL0701/S00142.htm
Public Has Right To Know Zyprexa Secrets Monday, 15 January 2007, Evelyn Pringle
(36) http://ahrp.blogspot.com/2007/02/zyprexa-cat-out-bag-lilly-problems.html
zyprexa Info at AHRP, Zyprexa Cat out bag: Lilly Problems Getting Liability Insurance and the Chabasinki brief
(37) http://zyprexa.pbwiki.com/
Zyprexa Information Web Site
(37A) http://www.prnewswire.com/mnr/lilly/12241/docs/zFactSheet.pdf
Zyprexa Lilly Fact Sheet
(38) http://www.psychsearch.net/lawsuits.html
State Lawsuits - Atypical Antipsychotics Abilify, Geodon, Risperdal, Seroquel, Zyprexa
The TMAP Drugs (Texas Medication Algorithm Project) TMAP and TeenScreen Litigation Information by State
(39) http://psychrights.org/Litigation/ProzacZoloftPaxilClassActions.htm
Prozac, Paxil, Zoloft Class Action Litigation, Prozac, Zoloft, and Paxil Antidepressant Users v. Eli Lilly, Pfizer, and GlaxoSmithKline Commonly-Prescribed Antidepressants Are Extremely Dangerous for Some
(40) http://search.yahoo.com/search;_ylt=A0geu5S6.M1GfXEA0gFXNyoA?p=prozac+litigation&fr=yfp-t-499
Prozac Litigation Search Keywords 2 million hits
(41) http://en.wikipedia.org/wiki/Eli_Lily
E Lily at Wikipedia, In a trial case of SSRI suicide, Eli Lilly was caught corrupting the judicial process by making a deal with the plaintiff's attorney to throw the case, known as the Fentress Case involved a Kentucky man, Joseph Wesbecker, on Prozac, who went to his workplace and opened fire killing 7 people, and injuring 12 others before turning the gun on himself. The jury returned a 9-to-3 verdict in favor of Lilly. The judge, in the end, took the matter to the Kentucky Supreme Court, which found that "there was a serious lack of candor with the trial court and there may have been deception, bad faith conduct, abuse of judicial process and, perhaps even fraud." The judge later revoked the verdict and instead, recorded the case as settled for a secret amount thought to be huge.
Important JAMA and BMJ Articles on Drug Litigation
(42) http://psychrights.org/Articles/JAMA_role_of_litign_297_3.pdf
The Role of Litigation in Defining Drug Risks Aaron S. Kesselheim, MD, JD
Jerry Avorn, MD JAMA, January 17, 2007—Vol 297, No. 3 page 308.
(43) http://ahrp.blogspot.com/2007/01/role-of-litigation-in-defining-drug.html
The Role of Litigation in Defining Drug Risks Aaron S. Kesselheim, MD, JD
Jerry Avorn, MD JAMA, January 17, 2007—Vol 297, No. 3 page 308.
Role of Drug Litigation
(44) http://www.bmj.com/cgi/reprint/334/7585/120.pdf
What have we learnt from Vioxx? Harlan M Krumholz, Joseph S Ross, Amos H Presler and David S Egilman BMJ 2007;334;120-123 British Medical Journal
(45) http://www.bmj.com/cgi/content/full/334/7585/120
?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=
&fulltext=egilman&searchid=1&FIRSTINDEX=0&resourcetype=HWCIT
What have we learnt from Vioxx? Harlan M Krumholz, Joseph S Ross, Amos H Presler and David S Egilman BMJ 2007;334;120-123 British Medical Journal
Independent Pharma Watch-Dogs and News Sources
(46) http://www.pharmedout.org/aboutus.htm
PharmedOut is an independent project run by physicians for physicians and other prescribers. Our goals are to: Document and disseminate information about how pharmaceutical companies influence prescribing. Provide access to unbiased information about drugs. Encourage physicians to choose pharma-free CME. PharmedOut is led by a team of physicians and academics and is contributed to by a diverse group. The Principal Investigator is Adriane Fugh-Berman MD and the Project Manager is Alicia M. Bell MS. Pharmed Out Blog
(47) http://www.medicalaccountability.net/index.html
Moira Dolan, MD, Medical Accountability Network provides business healthcare solutions based on principles of integrity in medicine. We consider informed consent as the keystone to responsible health care management. Through advocacy, education and business solutions the M.A.N. seeks to raise the responsibility of all participants affected by medical matters. Medical Accountability Blog
(48) http://pharmapseudocals.homestead.com/index.html
PHARMAPSEUDOCAL INDUSTRY, a humorous look at the drug industry
(49) http://fiddaman.blogspot.com/
Bob Fiddaman Blog SEROXAT SUFFERERS - STAND UP AND BE COUNTED . Justice for Seroxat/Paxil/Paroxetine users. "For being a one-man wrecking crew, Fiddy gets my first Bruce Lee Award" - Phil Dawdy
(50) http://icfda.drugawareness.org/home.html
Dr. Ann Blake Tracy, Executive Director, International Coalition For Drug Awareness www.drugawareness.org & author of Prozac: Panacea or Pandora? - Our Serotonin Nightmare Drug. Thses are a group of physicians, researchers, journalists and concerned citizens dedicated to educating about the dangers posed by many Rx medicines.
Merck Vioxx Settlement Announced
(51) http://www.cnbc.com/id/21702896/
By Reuters 09 Nov 2007 Merck has agreed to pay $4.85 billion to settle claims that its painkiller Vioxx caused heart attacks and strokes in thousands.
(52)
http://jeffreydach.com/2007/05/14/fosamax-actonel-osteoporosis-and-toulouse-lautrec-by-jeffrey-dach-md.aspx
Fosamax, Actonel, Osteoporosis and Toulouse Lautrec by Jeffrey Dach MD
(53)
http://jeffreydach.com/2008/03/09/bisphosphonates-for-osteoporosis-a-closer-look-at-the-data-by-jeffrey-dach-md.aspx
Bisphosphonates for Osteoporosis, A Closer Look at the Data by Jeffrey Dach MD
(54)http://jeffreydach.com/2007/05/14/lipitor-and-the-dracula-of-modern-technology-by-jeffrey-dach-md.aspx
Lipitor and The Dracula of Modern Technology by Jeffrey Dach MD
(55)
http://jeffreydach.com/2008/01/27/
cholesterol-lowering-statin-drugs-for-women-just-say-no-by-jeffrey-dach-md.aspx
Cholesterol Lowering Statin Drugs for Women, Just Say No by Jeffrey Dach MD
(56)http://jeffreydach.com/2007/05/14/paxil-prozac-and-ssri-induced-suicide-by-jeffrey-dach-md.aspx
Paxil, Prozac and SSRI Induced Suicide by Jeffrey Dach MD
(57) http://www.usatoday.com/news/health/2008-08-15-drug-lawsuits_N.htm?csp=34
Doctors: Lawsuits help guarantee drug safety
Lawsuits can serve as "a vital deterrent" and protect consumers if drug companies do not disclose risks to the U.S. Food and Drug Administration before it approves medicines for use, the editors of the New England Journal of Medicine said in a friend-of-the-court brief. The FDA "is in no position" to guarantee drug safety, the brief said.
At issue is Wyeth v. Levine, a case expected to be heard late this year.The case is being closely watched because the Supreme Court ruled this year that manufacturers of FDA-approved medical devices were shielded from litigation in state courts.
" the doctors said in a brief filed Thursday. Without the discoveries dredged up by plaintiffs' lawyers through liability litigation, "the FDA would be stripped of an essential source of information that the agency has consistently relied on when making its regulatory decisions, and the American public would be deprived of a vital deterrent against pharmaceutical company misconduct."
"Even if the FDA is doing the best it can, it simply can't see the future clearly enough to pre-empt manufacturers from litigation," he said. "The (court) system represents one of the key defense mechanisms that individuals have if a manufacturer has not made the risks of a product clear to the public.""The FDA alone simply lacks the ability to serve as the sole guarantor of drug safety,
The medical editor, Dr. Jeffrey M. Dariens, is joined 47 state attorneys general and two former FDA commissioners, David Kestrel and Donald Kennedy, in supporting Levine's position. Kestrel served in the administrations of former President Bill Clinton, a Democrat, and Republican President George H.W. Bush. Kennedy served in Democratic President Jimmy Carter's administration.
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