The FDA has let yet another dangerous drug slip through the cracks. Are they asleep at the wheel?

Practice Areas

Library

Car Accidents

Doing The Right Thing After The Accident

Cell Phone Bans are Unenforced and Ineffective

Driver Safety is Important for Teens

Billion Dollar Corporation Learns Tough Lesson About Distracted Driving

"Optional" Car Safety

Uninsured Car Accident Claims

Hit By an Uninsured Driver? You Have More Options Than You Think

Insurance Coverage You Need

Pedestrian & Bicycle Accidents

How Pedestrian Accidents Occur

How Most Bicycle Accidents are Caused

Remember the Rules for Pedestrians

WMATA: Who's Driving the Bus?

Motorcycle Accidents

Be Safe and Share the Road With Motorcyclists

Truck Accidents

Sick Truckers Forge Bogus Health Certificates to Stay on the Road

The Common Causes of Truck Accidents (Part One)

Common Causes of Truck Accidents (Part Two)

Trucks are Built for Freight, Not Safety

Insurance Practices, Claims and Coverage Issues

Bigfoot, Flat Earth and Insurance: Eight Popular Insurance Coverage Myths

Customers are Being Overcharged by Insurance

Bad Faith Laid Bare: Allstate Fights to Keep Documents Secret

Will California Become The New Gulf Coast?

Groundbreaking New Law in The Pacific Northwest

Defective Products & Consumer Protection

Big Pharma Gets New Federal Testing Guidelines

RC2: Recall the Right Way

Cheap Foreign Goods May Have Hidden Costs

OxyContin: Pharmaceutical Company Addicts Thousands for Profit

The FDA: Is There a Doctor In The House?

Medical Malpractice

Errors in Surgery

Medical Errors That Should Never Happen

Hospitals and HMO's are Charging for Medical Errors

The Fallacy of "Between You and Your Doctor"

Blood Thinner Overdose Nearly Kills Quaid Twins

Wrongful Death

Secondary Impacts in Sports Can Kill

Plane Crashes, Injuries and Deaths

TWA Flight 800: Ten Years and Nothing has Changed

Personal Injury Documents

Why You Should Choose Lewis & Tompkins to Represent You

Attorney Resources

New Continuance Policy for Prince George's County District Court

Civil Rules of Civil Procedure - D.C. Superior Court

Litigation Forms

D.C. Casefilexpress Filing Instructions

Preparing for a Deposition

D.C. Superior Court Multidoor Dispute Resolution Forms and Instructions

Pattern Discovery

Judge Wetzel's Discovery Checklist for Virginia Trial Attorneys

General

What Will Lewis and Tompkins Do For You? (Part 2 of 2)

What Will Lewis and Tompkins Do For You? (Part 1 of 2)

What Happens During a Lawsuit?

Crane Collapses are a new epidemic

Cars Can Do Everything But Drive Themselves

view all

The FDA: Is There a Doctor In The House?

A cardiologist from Cleveland recently published a report in which he linked the diabetes drug Avandia with an increased likelihood of heart attacks for those that were taking the drug. This isn’t a minor spike in probability. This is a statistically enormous 43% increase in risk.

Glasko Smith Kline is denying the accuracy of the report, and is standing by the safety of its product. The Food and Drug Administration issued a public safety bulletin advising anyone taking the drug to consult with their doctors about any possible cardiovascular dangers.

While the FDA should be commended for prompt action in the face of possible threats to public safety, the Avandia situation and several others like it in recent years causes us to question how the FDA is doing its job. One question of importance is this: Why is it that so many of the recent discoveries about the harmful effects of so many drugs are coming from independent research and whistleblowers instead of the FDA itself?

This is, verbatim, the mission statement of the FDA:

The FDA is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing the public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable; and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health.

In terms of “assuring the safety” of the drugs consumed by the public, the following calamities have occurred under the FDA’s watch.

Vioxx: On September 30, 2004, the arthritis medication Vioxx was pulled from the shelves by its manufacturer, Merck, after a study showed that the drug significantly raised the risk of strokes and heart attacks. This study was not the first to provide the public with this information. In fact, the FDA had seen reports that said the exact same thing as early as 2000. Their reaction was to simply add more lines to the warning label on the packaging, which meant that hundreds of thousands of Americans continued to take a drug that could have killed them for four additional years.

Ortho Evra Birth Control Patch: This patch, which was supposed to revolutionize birth control, exposed its users to enormous levels of estrogen, which was pumped almost continuously into the body. While it certainly was an effective method of birth control, it also caused random clots to form in the bloodstreams of the women that used it. In 2004, about a dozen women died due to the clotting, and several others suffered from strokes or heart attacks. The FDA’s response was, again, to simply add more lines to the warning label. The patch is still on sale to this day.

OxyContin: This opioid pain medication has been Purdue Pharma’s biggest seller since they put it on the market. While it contains the same essential painkilling ingredient (oxycodone) as other painkillers such as Percocet or Percodan, the amount in OxyContin is significantly larger. Initially meant to be for patients who were in chronic, severe pain, Purdue Pharma wrote in its marketing literature that the drug was “thought to be less addictive” than any other drug containing Oxycodone. The FDA allowed this ambiguous statement to go unchallenged, and as a result Purdue Pharma’s sales force used this conjecture as fact when marketing the drug. As a result, doctors began prescribing OxyContin for injuries that were much less severe. The end result was that OxyContin, which was just as powerful and just as addictive as heroin, became the new designer drug of choice for thousands of addicted Americans.

It is the FDA’s job to do more than simply add lines to warning labels on products that they know are detrimental to the health of those who take the drug. Sometime over the past ten years, the FDA has become more of a reactive government agency, biding their time and waiting for something bad to happen before they take any action. Sitting on reports and waiting is what got American consumers killed.

What is needed is reform. The Food and Drug Administration needs to do thorough investigations of every drug that gets submitted for approval, and these investigations need to be independent and completely removed from the influence of scientists and lobbyists. While the pharmaceutical industry wields enormous influence on Capital Hill, and while their products have added a great deal to the quality of our lives, this does not give them the right to circumvent the safeguards that are in place to protect us. The Food and Drug Administration should be reminded of this, and should make the necessary changes in its testing and approval procedures so there won’t be another Vioxx, OxyContin, or birth control patch.

Ask an Attorney

Name:

Phone:

Email:

Tell us more:


Lewis & Tompkins
927 15th Street N.W., 9th Floor
Washington, DC 20005

Phone: 202-296-0666

Subscribe to
Our Newsletter

Resources

Car Accidents

view all

Motorcycle Accidents

view all

Truck Accidents

view all

Insurance Practices, Claims and Coverage Issues

view all

Traumatic Brain and Spinal Cord Injuries

view all

Defective Products & Consumer Protection

view all

Medical Malpractice

view all

Plane Crashes, Injuries and Deaths

view all

Attorney Resources

view all

Maryland Courts

view all

Washington D.C. Courts

view all

Virginia Courts

view all

Attorneys in Other States

view all

Client Resources

view all

General

view all