FDA Hamstrung By Limited Resources, Uncoordinated Efforts, Report Says

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Posted on 9th June 2010 by gjohnson in Uncategorized

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Deadly peanuts, hamburgers that cripple people, lettuce that gets people sick have made recent headlines. And the question has always been why didn’t the Food and Drug Administration prevent these mishaps. Well, a report was released Tueaday that tries to explain the FDA’s failures, and to make suggestions for improvement.  

http://www.iom.edu/Reports/2010/Enhancing-Food-Safety-The-Role-of-the-Food-and-Drug-Administration/Report-Brief-Enhancing-Food-Safety-The-Role-of-the-Food-and-Drug-Administration.aspx

 The agency’s abilities to discover potential threats to food safety and prevent outbreaks of foodborne illness are hampered by its limited resources and a piecemeal approach to gathering and using information on risks, the report concludes. 

The report, done by the Institute of Medicine and National Research Council, is a lot to digest.

It says that to more proactively tackle food safety problems, the FDA should implement a risk-based approach in which data and expertise pinpoint where along the production, distribution, and handling chains there is the greatest potential for contamination and other problems, according to a press release issued on the document. 

 http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=12892

The agency would then be able to direct appropriate amounts of its resources and attention to those high-risk areas and increase the chances of catching problems before they turn into widespread outbreaks, said the committee that wrote the report.  

The report offers FDA a blueprint for developing a risk-based model, and outlines several organizational steps the agency should take to improve the efficiency of its many food safety activities, such as increasing coordination with state and other federal agencies that share responsibility for protecting the nation’s food supply. 

In addition, the report says Congress should consider amending the Federal Food, Drug, and Cosmetic Act to explicitly provide the authority FDA needs to fulfill its food safety mission.

 ”As recent illnesses traced to produce underscore, foodborne diseases cause significant suffering, so it’s imperative that our food safety system functions effectively at all levels,” committee chair Robert Wallace, professor at the College of Public Health, University of Iowa, Iowa City, said in a press release.

  “FDA uses some risk assessment and management tactics, but the agency’s approach is too often reactive and lacks a systematic focus on prevention,” Wallace said . ”Our report’s recommendations aim to help FDA achieve a comprehensive vision for proactively protecting against threats to the nation’s food supply.”

 The FDA is responsible for ensuring the safety of approximately 80 percent of the nation’s food supply, including seafood, dairy products, and fruits and vegetables.

 Although it is not the sole organization overseeing food safety — the U.S. Department of Agriculture handles meat, poultry, and egg products, and state and local agencies share in conducting food production facility inspections, surveillance, and investigations of outbreaks — recent outbreaks of foodborne illness led to a congressional request for a review of gaps in the FDA’s food safety system. 

The agency has been criticized for not adequately monitoring and inspecting food suppliers and distributors and for not taking a proactive approach to food safety overall, according to the official press release on the report.

 However, given that the FDA is responsible for more than 150,000 food facilities, more than 1 million restaurants and other retail food establishments, and more than 2 million farms, as well as millions of tons of imports, it lacks the resources to sufficiently monitor the entire food supply, the committee noted. 

 A risk-based approach would give the FDA’s food safety officials the strategic vision needed to evaluate and plan for food safety concerns rather than tackling problems on a case-by-case basis, the report says.

 Without good information, agency officials cannot identify where its resources are needed most or determine which policy interventions are most effective.  The FDA has insufficient analytical expertise and infrastructure to gather, manage, and use data effectively.  The agency should identify its data needs and review its policies for sharing data with other agencies and organizations. 

 The federal government should establish a centralized food safety data center outside of the regulatory agencies to collect information and conduct rapid, sophisticated assessments of food safety risks and appropriate policy interventions. 

This center would go a long way toward developing much-needed capacity and would reduce interagency competition for resources, the committee said.  It could also serve as an intermediate step toward consolidating food safety activities within a single agency, which many individuals and organizations have called for. 

 To enhance its efficiency, the FDA should explore alternative approaches to regulating food safety, such as delegating food facility inspections to the states, the report says. And the agency should establish national standards for the intensity and frequency of these facility reviews and help states and local municipalities bring their safety programs up to those standards. 

 Once all programs are standardized, the FDA should train and certify state inspectors with the goal of turning over the majority of inspections to them under the agency’s supervision.  This change would build on current practices in which roughly 60 percent of inspections are already conducted by state inspectors under contract with FDA.  This integration and leveraging of resources would increase the quality of inspections and eliminate duplication of effort, the committee said. 

Despite the dramatic developments in food production and distribution that have occurred over the years, the main statutory provisions under which the FDA carries out its food safety responsibilities remain largely unchanged, the report says. 

Although various provisions give the agency broad discretion and flexibility through which it has been able to control potential problems, there are instances in which the FDA lacks specific authority, which can make its actions vulnerable to court challenge, the report says.

 Congress should examine how the legislation could be revised to detail FDA’s authorities in facility registration, preventive controls, risk-based inspection, mandatory recall, reporting of adulteration, and banning of food imports if the public’s health is at risk, among other areas, according to the report.

Congress requested the report on the FDA. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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Citing FDA ‘Missteps,’ Congressmen Want Answers To ‘Unsolved Heparin Whodunnit’

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Posted on 5th May 2010 by gjohnson in Uncategorized

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Last week The Wall Street Journal leaked the contents of a blistering letter that two congressmen wrote to the Food and Drug Administration over the agency’s handling of a probe into the exact source of contaminated heparin from China, deadly blood thinner that was linked to hundreds of deaths in 2008.

The House Energy and Commerce Committee Republicans put out a press release about the heparin matter last Friday. http://republicans.energycommerce.house.gov/news/PRArticle.aspx?NewsID=7832

And that press release includes a link to a copy of the letter.

U.S. Reps. Joe Barton, R-Texas, ranking member on the House Energy and Commerce Committee, and Michael Burgess, R-Texas, ranking member of the panel’s Oversight and Investigations subcommittee, didn’t mince words with FDA Commissioner Dr. Margaret Hamburg.

The headline on their press release alone was “Barton, Burgess Reveal FDA Missteps in Unsolved Heparin Whodunnit.”

Then in their 10-page letter, the two lawmakers detailed what their investigation into the heparin tragedy has discovered, basically accusing the FDA of dropping the ball when it didn’t follow up on leads linking Chongqing Imperial and other Chinese drug suppliers to lots of contaminated heparin identified during the 2008 recalls.

“We are very troubled by how FDA has handled the investigation to find out who was responsible for the contaminated heparin,” wrote Barton and Burgess. “The staff has learned that FDA has specific and credible information about certain Chinese heparin firms that warrants further investigation as suspect entities responsible for contaminating the heparin supply.”

Barton, an ardent watchdog on the heparin issue, and Burgess asked Hamburg to provide details about the agency’s strategy regarding the unresolved investigation. And they want to know the FDA plans to do when it identifies manufacturers responsible for producing the contaminated blood thinner.

“Unfortunately, the case of who contaminated the heparin remains unsolved,” the letters says of the tainted blood thinner that killed in 2008, resulting in hundreds of lawsuits.

Barton and Burgess want answers to seven questions from Hamburg by the end of May.

Those questions include:

1.    What is FDA’s strategy for solving the question of who caused the contamination of the heparin supply? Please detail the strategy and when it was developed, the names and positions of the FDA officials who developed the strategy, and the names and positions of the FDA officials responsible for implementing the strategy.

2.    To what extent can FDA conduct a traceability investigation of various heparin supply chains in China on its own without the assistance of the Chinese government?

3.    Assuming FDA could solve the case on its own, what would FDA do with this information?

4.    What actions is FDA taking to follow up on the Chongqing Imperial issues raised in this letter?

5.    Does the FDA agree there is a basis to make another request to the Chinese government about the heparin contamination investigation? If not, why not?

6.    Is the FDA willing to cooperate and even share information with the Chinese government in an effort to solve the heparin contamination case? Would FDA be able to do this under current law and under the current agreement with the SFDA (State Food and Drug Administration)? If not, why not?

7.    Does FDA agree that the contamination of the heparin supply is an international issue? If so, why hasn’t the FDA sought international support from the World Health Organization and/or other countries to get more transparency and cooperation from the Chinese government, or to provide assistance to the Chinese government, in the heparin contamination-source investigation?

 It looks like Hamburg has her work cut out for her in the next few weeks.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Heparin Purity – Heparin Potency – Heparin Adverse Reactions

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Posted on 5th October 2009 by gjohnson in Uncategorized

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What is the true scope of the Baxter’s legacy when it comes to Heparin? Is it the relatively small number of deaths reported by the FDA last summer, or is it a number of deaths that could reach into the thousands?

By now it must be known just how many doses of contaminated Heparin Baxter produced and distributed. Both Baxter and the FDA have to know at least that much, right? The FDA first started by recalling nine lots, then additional lots and then pulled all of the Chinese heparin. But just how broad of a problem does “nine lots” represent? Would anyone in the public or even the news media know?

I am still waiting for proof that that number didn’t reach into the millions of contaminated doses. Heparin is administered to millions of people each year. If all of the Heparin for even the shortened time period from the Fall 2007 thru the Spring of 2008 was contaminated, doesn’t that mean millions were poisoned? Why is the FDA not telling us more. I can understand when it is a Republican FDA, but why are the Democrats not doing better?

Now we learn from the FDA that getting the dosing right on Heparin requires intense monitoring. See our last blog. So doesn’t that mean that what the FDA and Baxter hasn’t told us includes that failure to control potency could have killed many more?

When dealing with an intravenous drug that is given to our sickest patients (like kidney dialysis patients) there must be a duty not just to make the drug perfect, but also to tell everyone who got the less than perfect drug, of what happened to them.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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FDA Announces Weaker Heparin – Weaker than What?

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Posted on 2nd October 2009 by gjohnson in Uncategorized

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Suddenly the FDA and the manufacturer’s of heparin are worried that perhaps the quantity of active ingredients in the heparin they sell might be a bit diluted. How ironic. See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm184674.htm

Throughout what Congress called the “heparin catastrophe” millions of dosages of heparin weren’t diluted by 10%, but as much as 20%, not by harmless diluters, but by dangerous ingredients such as OSCS. See also the U.S. News story at http://health.usnews.com/articles/health/healthday/2009/10/01/us-health-officials-announce-new-heparin-formula.html

According to the U.S. News story:

The correct dosing of heparin has always been highly individualized and requires intense monitoring, which is a protocol that will remain in effect, officials said.

“The use of heparin is closely tied into monitoring and doses adjusted based on that,” said Dr. Dwaine Rieves, director of CDER’s Division of Medical Imaging and Hematology Products. “That procedure will not change.”


Now the FDA tells us that the correct dosing of heparin has always been highly individualized and requires intense monitoring? How could doctors have monitored heparin dosages when no one was monitoring how much active ingredient was in the product?

The litigation around heparin has swirled around a specific contaminant OSCS. Yet, there have been thousands of additional adverse reactions outside the recall time period, continuing up to this day.

Now it begins to become clear. If the manufacturer had no way to establish how pure the product was, how could “intense monitoring” have occurred? I believe the ultimate death toll from this drug will not just include OSCS poisoning, but complications because thousands more individuals didn’t and couldn’t get the right “intense monitoring” by their doctors.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Wyeth shareholders vote to be acquired by Pfizer

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Posted on 20th July 2009 by gjohnson in Uncategorized

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Any lingering doubt that the drug companies are among the worst of Wallstreet’s culprits gets set aside when one large company gets swallowed up a enormous company. They may still have American sounding names, but the reality this is big business, looking out only for profits, with not even a passing glance at the American consumer and the American worker. If the FDA doesn’t get back in front of these companies soon, the drug industry might ultimately collapse because we won’t be able to trust these products enough to put them in our bodies.

Attorney Gordon Johnson
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Date: 7/20/2009 10:15 AM

MADISON, N.J. (AP) — Shareholders of drugmaker Wyeth have voted overwhelmingly to be acquired by industry giant Pfizer Inc.

More than 98 percent of Wyeth stockholders voted to approve the $68 billion acquisition. The deal will solidify Pfizer’s position as the top-selling drug maker in the world.

For Pfizer, it transforms the company overnight from being primarily a maker of the blockbuster pills to a one-stop shop for medical treatments. That’s because Wyeth brings multibillion-dollar products and substantial expertise in researching and manufacturing biologic drugs, vaccines, nonprescription medicines and animal health products.

Wyeth’s shareholders cast their votes while gathered at their annual meeting at the company headquarters in Madison, N.J.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Merck and Schering Plough settle investigation

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Posted on 15th July 2009 by gjohnson in Uncategorized

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Another case of large pharmaceutical in trouble with the FDA for improper disclosure. This time it is Merck and the drugs are Zetia and Vytorin. The legal settlement is for peanuts and is clearly being done to expedite a Wallstreet acquisition. But why is it that our drug companies continue to mislead?

Attorney Gordon Johnson
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Date: 7/15/2009 5:23 PM


MARLEY SEAMAN,AP Health Writer


NEW YORK (AP) — Drugmakers Merck & Co. and Schering-Plough Corp. said Wednesday they will pay $5.4 million to settle a multistate investigation that the companies delayed the release of test results casting doubt on the effectiveness of two blockbuster cholesterol drugs.

The companies settled with attorneys general from 35 states and the District of Columbia. The investigation centered on allegations the companies kept quiet the results from an unfavorable study, violating consumer protection laws. Merck and Schering-Plough will pay back the costs of the investigation, but don’t have to make other payments or admit wrongdoing or liability.

In January 2008, the companies released study data showing Vytorin and Zetia, sold by the Merck/Schering-Plough Pharmaceuticals joint venture, were not more effective than an older, much-cheaper drug at reducing plaque buildup in the blood vessels of the neck. The testing was finished in 2006 and the companies faced criticism for not releasing the results sooner.

The study compared Zetia and Vytorin to Zocor, a drug that is one of Vytorin’s ingredients. Zocor is available as a low-cost generic drug. Later studies raised additional concerns about safety and effectiveness.

Kentucky Attorney General Jack Conway said the companies agreed to get advance Food and Drug Administration approval for all TV advertisements aimed at consumers and comply with FDA suggestions to modify that advertising. Additionally, the companies will register clinical trials and report results and agreed to comply with rules barring the deceptive use of those trials, avoid ghost writing of articles by physicians, and reduce conflicts of interest on boards monitoring clinical trials.

The state of Kentucky — where the agreement was filed — will receive $100,000 in the settlement.

Merck, of Whitehouse Station, N.J., and Schering-Plough, based in Kenilworth, N.J., said they will continue to comply with laws requiring the truthful and non-misleading marketing of their drugs. A study published in the New England Journal of Medicine showed Merck and Schering-Plough spent $200 million to market Vytorin and Zetia to consumers in 2007.

“We think this agreement is consistent with what we’ve said and what we believe, which is that the company conducted the ENHANCE trial in good faith and that our promotion of Zetia and Vytorin were in compliance with the law,” said Merck spokesman Ron Rogers.

Rogers said settling for legal costs was in the best interest of all concerned and lets Merck and Schering-Plough remain focused on creating new medicines and vaccines.

The settlement does not resolve all the lawsuits and investigations involving the drugs, however. In a May regulatory filing, Merck disclosed that subcommittees from the U.S. Senate and House of Representatives have asked the company and Schering-Plough to interview employees and examine documents related to Zetia and Vytorin. Merck also disclosed that the Justice Department is investigating the companies’ conduct in selling the drugs, and the possibility that they may have submitted false claims to federal health care programs as they promoted Vytorin.

Merck said it was then aware of 145 civil class action lawsuits related to the drugs.

The 35 states involved in Wednesday’s settlement are Arizona, Arkansas, California, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, and Wisconsin.

Merck is in the process of buying Schering-Plough for $41.1 billion. Merck shares rose 55 cents, or 2 percent, to close at $27.71. Schering-Plough stock added 45 cents, or 1.8 percent, to $25.37.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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FDA clears Eli Lilly’s blood thinner Effient

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Posted on 13th July 2009 by gjohnson in Uncategorized

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The FDA is back in the news today, with the story another blood thinner, but not Heparin this time, but Effient. Let us hope that the FDA’s oversight of such new drug will not just be limited to its approval, but also how it is made and where it is made. Approving a drug is one thing. Making sure it is that drug that is administered to the sick, is another.

Attorney Gordon Johnson
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Date: 7/10/2009 6:08 PM

MATTHEW PERRONE,AP Business Writer


WASHINGTON (AP) — The Food and Drug Administration on Friday approved a highly anticipated blood thinner from Eli Lilly, though the drug must carry the agency’s sternest warning because of its bleeding risks.

The approval makes Lilly’s Effient the first real competition to the blood thinner Plavix, the world’s second-best selling medication made by Sanofi-Aventis and Bristol-Myers Squibb.

The FDA delayed its decision on Effient multiple times during an 18-month review, as agency staffers weighed the drug’s benefits versus its risks.

A study of over 13,000 patients conducted by Lilly found that Effient prevents more heart attacks than Plavix, but also causes more internal bleeding.

The FDA said Effient will carry a boxed warning to alert physicians to the risks of “significant, sometimes fatal, bleeding.” The boxed warning is reserved for issues that can cause serious injury or death.

The drug should not be taken by patients with a history of bleeding, stroke or who are undergoing surgery, the FDA said.

“Physicians must carefully weigh the potential benefits and risks of Effient as they decide which patients should receive the drug,” said Dr. John Jenkins, FDA’s director of new drugs.

The drug offers an alternative treatment for preventing dangerous blood clots that can lead to heart attack or stroke, Jenkins said.

The boxed safety warning could curb sales, but not to a large extent, according to Miller Tabak & Co. analyst Les Funtleyder.

“The FDA has been a lot more liberal with black box warnings than it was in the past, and in a way the black box has lost some of the meaning it had when it was rare,” said Funtleyder. “But it still has the ability to somewhat limit sales.”

Company studies showed 7 percent of patients taking Effient experienced nonfatal heart attacks, compared with 9.1 percent of patients taking Plavix. Despite lower rates of certain heart attacks, the actual rates of death were similar for both drugs.

Indianapolis-based Lilly developed Effient, known chemically as prasugrel, with Japanese drugmaker Daiichi Sankyo Co. The two companies will share revenue.

“After more than a decade of research and testing, we are proud to provide this new treatment option to patients with acute coronary syndrome,” Daiichi President Takashi Shoda said in a statement.

Wall Street analysts say Effient sales could reach an estimated $1 billion annually, compared with the $4.9 billion racked up by Plavix last year.

Like Plavix, Effient prevents blood platelets from sticking together and forming potentially dangerous clots. But where Plavix is approved for use in a wide range of patients, Effient is only approved for those undergoing angioplasty, a procedure in which an inflatable balloon is used to clear arteries clogged with plaque, which are often propped open with a stent.

Approval of Effient was considered crucial for Lilly because patents protecting its four best-selling drugs expire by 2013.

But even if the drug reaches the $1 billion mark, it will have trouble replacing the revenue of Lilly’s best-selling product, the anti-psychotic Zyprexa, which garnered $4.7 billion in sales last year.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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FDA Funding Increase in Wake of New Head for Agency

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Posted on 8th May 2009 by gjohnson in Uncategorized

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The below story from the AP about Obama’s pick for the FDA is good news for all Heparin advocates because it signals a shift from a corporate friendly FDA to one based on science and consumer safety. Nominated for head of the FDA, Dr. Margaret Hamburg has received little opposition in committee and her confirmation is expected soon. More significant is the Obama administration intent to substantially increase the FDA’s budget and to stop political appointees from silencing the scientists at the FDA.

More money and independence is absolutely needed at the agency. Swine flu is only a small part of the agenda. Food and drug contamination are bigger threats. The FDA can simply not allow a thirty-year backlog on inspections of overseas drug plants. The FDA cannot do its job with a regulatory structure that allows the new plants to produce until the FDA finds something out of compliance. The law must require inspection and compliance, before drugs are shipped to the U.S. The conditions found by the FDA at Chanzghou SPL where Heparin was contaminated, cannot be allowed to exist in facilities making pharmaceuticals.

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©Attorney Gordon S. Johnson, Jr. 2009


WASHINGTON (AP) — President Barack Obama’s pick to oversee food and drug safety pledged on Thursday to revamp protection of the nation’s food supply to help prevent future disease outbreaks.

Dr. Margaret Hamburg, a bioterrorism expert who once served as New York City health commissioner, breezed through her confirmation hearing before the Senate Health, Education, Labor and Pensions committee, with no senators expressing opposition.

Hamburg, 53, said she wants to restore public confidence in the Food and Drug Administration by putting science first and running an open and accountable operation.

The full Senate is expected to vote on her nomination before Memorial Day. If confirmed, Hamburg’s most immediate task will be to oversee development of a vaccine for the new swine flu. But she said food safety will be her major ongoing project.

“The agency is facing a range of new and daunting challenges,” Hamburg told senators. “These include the globalization of food and drug production, the emergence of new and complex medical technologies, and the risk of adulteration or deliberate terror attacks on our food and drug supplies.”

The FDA oversees products ranging from peanut butter to cancer drugs to medical imaging machines — a portfolio that represents about a quarter of consumer products. A few years ago, it was shaken by the withdrawal from the market of Vioxx, a painkiller that turned out to have serious heart risks. More recently, outbreaks of foodborne illness have exposed haphazard oversight of the nation’s far-flung food supply chain. Within the agency, scientists in the medical devices center are in revolt over what they say is management interference. And a federal judge recently ruled that the FDA improperly politicized a decision on emergency birth control during the Bush administration.

On top of all that, the FDA must play a critical role in developing a vaccine for the new swine flu virus and ensuring that enough vaccine can be made to protect the public.

Hamburg, as an assistant health secretary under President Bill Clinton, helped lay the groundwork for the government’s bioterrorism and flu pandemic preparations.

The swine flu vaccine will be her first task. “I look forward to being actively involved in discussion on such critical issues as how much vaccine to make, whether to alter seasonal vaccine manufacturing, and, ultimately, whether to recommend vaccination for the American people,” Hamburg said.

Vaccinating the entire population for swine flu would be a huge undertaking, and might require more than one shot. It would also have to be coordinated with preparations for the regular flu season. But such a large scale effort may not be needed if the virus turns out to be mild.

Turning to food safety, Hamburg said it will require sustained effort, more money, and stronger laws to improve the situation. She wants to shift from chasing outbreaks after they have broken out to preventing them first. That would require all food companies to follow written safety plans, overseen by federal and state inspectors. Traceability and import safety — weak links in the system — would have to be strengthened.

Obama’s budget, released Thursday, calls for a $260-million increase for the FDA’s food safety program. Past budget cuts have hit the food inspection program hard, and part of the new funding would go to rebuild the ranks of inspectors.

Hamburg said she supports FDA regulation of tobacco and allowing Americans to import low-cost brand name prescription drugs from abroad, positions consistent with Obama’s.

Hamburg’s professional career has centered on public health. She is the daughter of two doctors, and her family background includes African-American and Jewish heritage. Her mother was the first black woman to earn a medical degree from Yale University. She credits her father’s side of the family for imbuing in her a passion for social concerns.

___

Associated Press writer Erica Werner contributed to this report.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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Heparin – More on SPL Inspection

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Posted on 2nd April 2009 by gjohnson in Uncategorized

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Today we discuss additional problems with the equipment used at the Changzhou SPL plant in China when that plant was inspected by Regina Brown of the FDA.

Again, these quotes are from the April 29, 2008, House Subcommittee on Oversight and Investigations hearings, see: The Heparin Disaster: Chinese Counterfeits and American Failures
For more, click here: http://energycommerce.house.gov/cmte_mtgs/110-oi-hrg.042908.Heparin.shtml

Brown was questioned in those hearings by U.S. Representative, Jan Schakowsky:
Answer by Brown: Another piece of equipment that was the centrifuges that they used to get rid of the waste protein. They used two of them. They had one that would be in use and they would clean the sludge out of the other one, while, to find out how long they should run the one that was going, that would last 30 minutes, without getting to full. And that was a very unusual manufacturing step. It wasn’t described in the procedures for how to use the centrifuges. So you had to actually be at the plant to try and figure out what they were doing.

Normally you see one centrifuge and you run your material thru it and separate the solid from the liquid.

A third piece of equipment that was outstanding to me was their lyophilizer, it was, they didn’t have the software that would provide for the person running it, for the perimeters, that he put in it.

Q by Rep. Schakowsky: What is that?

A: The lyophilizer is a big freeze dryer.

Put in trays of liquids and they turn into solids after days, sometime. You freeze the liquid and you warm it up slowly, they are under vacuum. So it turns into a solid material. So and for this lyophilize there were no records of the actual perimeters that were punched into the screen at the front of it. But there was no screen at the front of it. No way to tell what temperature they actually used to dry the material.

Q: So this is clearly substandard or not up to par, or what should be?

A: Yeah, the settings weren’t there.

Q: Why couldn’t Baxter’s audit have found these things, do you think?

A: I don’t know. I walk thru facilities as part of my inspection. I don’t know if they do that.
What is so disturbing about this revelation is that this was not a matter of simple neglect, made worse by a long standing practice of poor oversight. This was a flawed process from its inception. This process does not even contemplate a scientific process to assure that the API is pure.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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FDA warned syringe producer of serious problems

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Posted on 26th February 2009 by gjohnson in Uncategorized

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Date: 2/26/2009 3:32 PM

By MIKE BAKER
Associated Press Writer

RALEIGH, N.C. (AP) — Federal regulators warned a syringe manufacturer of “several significant violations” in its quality control system two years before its needles triggered an outbreak of bacterial infections that prosecutors say led to at least five deaths and hundreds of illnesses.

A U.S. Food and Drug Administration warning letter, made public Thursday by the agency, cited AM2PAT Inc. in August 2005 for nine serious violations at its factory in Raleigh, where it made syringes of heparin and saline to flush IV lines.

The company, which was incorporated in Chicago, later moved its manufacturing to Angier, about 20 miles south of Raleigh.

Among the problems at the Raleigh factory, the letter noted poor documentation of sterility tests, insufficient efforts to maintain a sterile environment and unqualified workers. Each of those issues were cited again this month as prosecutors won guilty pleas from two former AM2PAT employees and charged former CEO Dushyant Patel.

Authorities are searching for Patel, who may have fled to his native India. Prosecutors do not know if he has an attorney. He faces up to 95 years in prison if convicted on 10 charges including fraud, false statements and selling adulterated medical devices.

The 2005 warning letter said the failure to establish and maintain procedures to control the environment “could reasonably be expected to have an adverse effect on product quality.” It said the company’s written quality control procedures were “obsolete” and there was no sign workers had been properly trained.

“Evidence of improperly trained personnel included an employee chewing gum while filling syringes and an employee improperly gowning during sterility testing,” the warning letter stated.

Those issues apparently lingered. Prosecutors have said that the company’s “microbiologist” was a teenager who had dropped out of high school. Photographs introduced as evidence show a “clean room” with a window fan patched with duct tape. Others show paint chipping off the facility’s floor and syringes piled high on a table.

But the criminal case particularly focuses on how the company documented its shipments. Prosecutors contend the company was so consumed with maximizing profit that it shipped syringes without testing to ensure it they were sterile, and then later backdated paperwork to make it look as if the company had followed procedure.

AM2PAT vowed in 2005 to correct its deficiencies, according to the warning letter, and the FDA said a follow-up inspection in January 2006 was satisfactory.

On Wednesday, the FDA said the next inspection didn’t take place until December 2007, and court documents show it didn’t happen until after the Centers for Disease Control reported an outbreak of illness connected to AM2PAT syringes. Prosecutors say the product killed five and sickened up to 300 others, with some of the illnesses resulting in spinal meningitis and permanent brain damage.

On Thursday, the FDA said it discovered it also conducted an inspection in August 2007, after the company moved to Angier, and found only a labeling problem.

But that month, the FDA started receiving reports of dirty syringes. Some reported “orange specks” floating inside the unopened syringes, while others reported “yellow sediment” or “muddy brown” syringes filled with floating white specks.

The FDA has declined to release its inspection reports, saying they are only available through a Freedom of Information Act request, which is pending.

Plant manager Aniruddha Patel, 43, of Carpentersville, Ill., and quality control director Ravindra Kumar Sharma, 54, of Richmond, Va., each were sentenced Monday in U.S. District Court in Raleigh to 4 1/2 years in prison for fraud and allowing tainted drugs into the marketplace.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney