If you’re dying of some dread disease, and all of your options spent, and you weren’t lucky enough to qualify for a clinical trial–well, tough luck. Even if an experimental drug may help you, our court system and FDA has decided that you are better off dead than to dare use an unapproved drug.
This does go back to the militancy which developed early in the AIDS epidemic, when patients mobilized and demanded drugs be made available sooner. They didn’t have time to wait until the next century, until the FDA got around to giving potential life saving/prolonging drugs approved. But now it seems, we are back to square 1.
Granted, I think that in many cases, the FDA is far too lax in what is approved and what pharm companies are allowed to claim about their products. For starters, the FDA is a joke when it comes to post-marketing surveillance, although that is beginning to change. But what we have to realize is that most drugs approved these days are mostly for non-life threatening conditions. Some are mere remakes of older drugs, with a few new bells and whistles, and are really not essential in the grand scheme of things.
What I am now referring to are drugs for potentially lethal diseases, made available to dying patients who have run out of options and whose physicians feel that they may help this patient. These are experimental drugs, which are in clinical trials. The patient is willing to pay for them out of pocket, and is willing to take any risks (although, when you are soon to be dead, the word “risk” takes on a whole new meaning). But yet, a court decided today that a patient has no right to these drugs.
From the OC Register:
The U.S. Court of Appeals for the District of Columbia Circuit apparently believes that bureaucracies can and do have power so absolute that they trump the traditional right of free people to control their own bodies and try to protect their own lives. If that’s not the case, it’s difficult to see how the court arrived at the 8-2 decision in Abigail Alliance v. Eschenbach, which denies terminal patients and their doctors access to medications that have passed safety tests required by the Food and Drug Administration, but not the full battery of tests to prove efficacy.
The best course would be for the FDA to loosen up its restrictions on access to partially tested drugs, which lead to “thousands of people dying because of the FDA’s bureaucratic know-it-all attitudes,” as Paul Kamenar of the Washington Legal Foundation, which was co-plaintiff in the case, put it to us.
The next-best course (because it would take longer) would be for the U.S. Supreme Court to reverse this misguided ruling. Mr. Kamenar assured us that an appeal will be filed before the end of the month.
It’s one thing to deny a patient the use of an experimental acne drug, but a cancer patient? One dying of AIDS? One dying of a severe bacterial infection? Come on, let’s get real. This is about the cruelest and most devastating thing that the FDA has ever done. And apparently, the judges who ruled in favor of the FDA seem to think that they are invincible, and will never be a dying patient themselves, without options. Then again, when you are rich and well connected, having a connection to unapproved drugs isn’t a problem. It’s just the peons who will suffer.
“The FDA’s policy of limiting access to investigational drugs is rationally related to the legitimate state interest of protecting patients, including the terminally ill, from potentially unsafe drugs with unknown therapeutic effects,” Judge Thomas Griffith wrote in Tuesday’s majority opinion.
Does he really think that a person who is dying wants to be “protected” by the FDA, or by him for that matter? Do they care about the potential side effects? And the unknown therapeutic effects–gee, if it doesn’t work, they’ll just die, same as before. This paternalistic and arrogant attitude is mind boggling. Someone ought to lock this person in a room with a hundred dying patients, and then let him explain to them how his decision is “helping” them.
The FDA’s comments about this are priceless, but then, they always are. They never miss an opportunity to show their supreme stupidity, or how out of touch with reality they are. But I guess that it is their right to hold the power of life and death over defenseless patients. People should live and die by their word, it seems.
FDA spokeswoman Julie Zawisza said the agency was pleased with the appeals court ruling.
The decision “upholds the constitutionality of FDA’s role in facilitating appropriate treatment access to investigational therapies,” Zawisza said. It also protects the public by requiring that drugs be proven safe and effective before they are sold, she added.
Again, this protection bit. Did anyone explain to this chicklit that we are not talking about a treatment for nail fungus, but for diseases like cancer? That the word “protection” has little meaning to someone who is peering into their grave and doesn’t want to jump in like a good little patient.
On the bright side was the dissent by Judge Judith Rogers. “Denying a terminally ill patient her only chance to survive without even a strict showing of government necessity [for denying access to the drugs]presupposes a dangerous brand of paternalism.”
Right on sister, I couldn’t have said it better myself.
So where are out healthcare professionals? This is a volatile issue, but I haven’t seem much feedback on this coming from doctors and nurses. But some of them also seem to have this idea that a dying patient should be kept from their options.
From BusinessWeek:
Even cancer specialists, who often seek compassionate use programs for their patients, aren’t keen on expanded access. “I understand emotionally why patients would want this right, but the issues surrounding experimental drugs are very complex, and I think this could potentially backfire,” says leading oncologist Dr. George Demetri of the Dana-Farber Cancer Institute in Boston. “Patients really need to know the relative benefit of a drug versus the relative risk, and expanded access could prevent them from gaining that insight.”
Well gee, Dr. Demetri, then why not sit down and explain the relative risk of a drug to the patient. You know, spend some time with the patient, and go through it. Give them the lowdown. Expanded access is not going to prevent that from happening. The only thing that will prevent that is if doctors like yourself don’t take the time to confer with your patients.
Activist patients, however, are disinclined to wait for such data when it comes to diseases for which treatments are few to nonexistent. Prostate cancer patient advocates in particular are up in arms these days over the FDA’s controversial refusal in May to approve Dendreon’s (DNDN) Provenge without further clinical trials, which could take a year or more to complete. Provenge is a novel cancer vaccine meant to prime the body’s immune system to attack tumors, and if approved would have been the first new treatment in more than 20 years for advanced, stage-4 prostate cancer, which is almost always fatal. Some 30,000 men die each year in the U.S. from prostate cancer.
In a trial, Provenge failed to stop the disease from progressing, but when it dug into the data it found that patients on the drug lived an average of 4.5 months longer than those on standard treatment. Despite the uneven results, an FDA advisory panel voted 13-4 in March to recommend the drug for approval, and the FDA usually follows such recommendations. So when the agency withheld approval on May 9, a firestorm erupted. Prostate cancer activists (and disgruntled Dendreon investors) have lobbied Congress, held demonstrations, and met with the FDA’s Commissioner, Dr. Andrew von Eschenbach.
So now you have to wonder, why did the FDA withhold approval? It’s not like they’ve never approved a drug that was shown to be sketchy, or lacked solid safety data, or was shown to have minimal efficacy. They have also approved drugs that their advisory board turned down. So what’s up with Provenge? It’s not like people are just going to take it for the hell of it. The opportunity to live another 4 or 5 months is a real blessing to someone with a terminal illness. Is the FDA just trying to show how truly corrupt and cruel it can be?