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The Drug Profiteers

By Hearn, AlterNet

Posted on August 13, 2004

http://www.alternet.org/story/19537/

Faced with exorbitant prescription drug prices and contemptible marketing

tactics, the American public seems to be swinging back against major drug

companies. Marcia Angell, for two decades the Editor-in-Chief of The New

England Journal of Medicine, is contributing boldly to that fight with a

front row expose of Big Pharma¹s excesses and neglects. In a disturbing new

book, Angell, now a Senior Lecturer in Social Medicine at Harvard Medical

School, spotlights the dubious tactics that garnered big drug companies an

estimated $400 billion in worldwide sales in 2002.

Once tapped by Time magazine as one of America¹s 25 most influential people,

Angell uses her penetrating new work, The Truth About the Drug Companies:

How They Deceive Us and What To Do About It, to propose reforms that could

bring the megacolossal industry under control. Angell¹s book will be

published by Random House later this month. She talked with AlterNet about

the excesses of the drug companies, the failure of the government to rein

them in and about what it will take to turn things around.

Drug companies claim that high drug prices are needed to offset research and

development (R & D) costs. You point out that this isn't particularly true in

part because of the industry's reliance on so-called " me too " drugs. Can you

explain?

A " me too " drug is a drug that's a minor variation of a drug already on the

market. Most of what big drug companies turn out are " me too " drugs. There

are, for example, six statin drugs on the market. These are

cholesterol-lowering drugs of the Lipitor type. Lipitor wasn't the first

statin. The first statin to come on the market was called Mevacor. It had

such a large potential market that other companies realized that rejiggering

the molecule a bit would allow them to have a share of this very large

market. Lipitor is now the best-selling drug in the world. But it is a " me

too " drug.

Likewise, your analysis of SEC documents revealed that R & D for many

companies is a rather mysterious budget category that could include what

some would consider to be marketing programs. How do R & D expenditures

generally rank when compared to expenditures for marketing and

administration costs? And to profits?

The pharmaceutical industry talks a lot about how much R & D costs. But the

R & D is consistently less than big companies make in profits and far less

than what they spend on something they usually call " marketing and

administration. " Companies vary a little in the name for this but it's a big

category that includes all kinds of promotional activities plus

administrative costs like executive salaries, legal fees and so forth. This

is by far the largest part of their budgets, usually somewhere from two to

two-and-a-half times what they spend on R & D.

Medicare was enacted in 1965 with no provision for outpatient prescription

drug benefits for seniors. You point out that drugs were cheaper, people

took fewer drugs and seniors could afford to buy what they needed. Today,

because many seniors don't have supplemental insurance or collective

bargaining power, prices are highest for the people who most need drugs.

Will the recent Medicare reforms help?

The Medicare drug benefit that was just passed in late 2003 will do very

little to help senior citizens because it specifically prohibits Medicare

from bargaining with drug companies for lower prices. All large private

insurers already do this. So do some government programs such as the

Veterans Affairs (VA) system. Medicare would be the biggest purchaser of

all. It would have enormous bargaining power. The pharmaceutical industry

did not want that to happen and they made sure it would be explicitly

prohibited. And it was. What we are left with is a drug benefit that is

inadequate to begin with. It has this huge donut hole for example. As prices

increase at the rate they are now, and they'll probably increase at least

that fast, [the benefit] will quickly be washed out by rising prices.

Are there other potential reforms waiting in the wings?

There are some. The most important reform in my view would be for the Food

and Drug Administration (FDA) to require that new drugs be tested ­ not

against placebos, but against older treatments already on the market for the

same condition. If that were required, most new drugs, which are " me too "

drugs, wouldn't be approved. That's because there's no reason to think they

are better. By default, that would force the industry to put some real R & D

efforts into genuinely important novel drugs. They wouldn't get away with

this gigantic " me-too " industry.

That would be important but it wouldn't directly deal with costs, although I

think it would have ripple effects that might. As I said, the biggest part

of Big Pharma's budget is marketing and administration. They have to spend a

lot to market " me too " drugs because there is no particular reason to think

that one is better than the other at comparable doses. So it takes a heap of

marketing to convince doctors and patients to buy one statin instead of

another statin or one SSRI antidepressant instead of another. If it were a

genuinely important new drug, if it were a cure for cancer, you wouldn't

have to promote it incessantly. That would save a lot of money right there

because marketing budgets could shrink. That would take an act of Congress

and my understanding is that similar bills have been introduced to look at

how new drugs compare with older ones. My proposal is a little different in

that I would see it as something the FDA would require as a condition for

approval. Others, I think Senator Clinton for example, have suggested the

National Institutes of Health (NIH) might want to study " me too " drugs

already on the market. But, to me, that's too late.

You call for breaking the dependence the medical profession has on drug

companies. As a reporter, I constantly confront the trend of drug companies

paying doctors to evaluate their products. Those evaluations, or at least

the ones that are pleasing to industry, are then fed to us as though they

were the latest, greatest scientific finding. How much does this erode

public confidence and what could be done to stop it?

It ought to erode public confidence. It's not so much the fact that the drug

companies are sponsoring clinical trials as it is the terms of sponsorship.

Drug companies have always sponsored trials of their own drugs. But they

used to give a grant to an academic medical center and the center would get

a faculty investigator to do the trial. The company would stand back and

wait for the results. Now they don't do that. They are intimately involved

in all aspects of the trial. They design the trial. They analyze the data.

They write the paper. They even decide whether the paper will be published.

So now they do have real control over the evaluation of their own products.

That's a terrible conflict of interest.

Also many of the researchers have other financial ties with the same

companies whose drugs they are studying. They sometimes have equity interest

in the company. They get consulting fees. They are on speaker's bureaus and

so forth. So they are biased from the get-go. I think the public ought to be

very concerned about this.

Recently we have heard calls for a registry of clinical trials. This was in

the wake of reports that GlaxoKline had suppressed negative

information. I don't think this is unique to GlaxoKline at all because,

as you say, the companies are not very much interested in publicizing their

negative studies. Even though they are supposed to provide the FDA with all

trials when they apply for approval, they don't have to publish all of them

and the FDA is prohibited from making them public. So negative trials are

suppressed and I think the literature is very biased as result of that

suppression.

A registry would be a very good thing to have but it has to be done the

right way. It should be one central, public registry, probably administered

by the NIH. All trials ought to be in that registry, not just the ones the

companies find meaningful. I would make it a condition of enrolling human

subjects in research. As soon as a drug company enrolls human subjects, it

no longer is dealing with a purely private matter. It is using people who

rightly expect they are contributing to scientific knowledge and have a

right to expect that the work will be publicly accountable. The registry,

then, would contain all work on human subjects from the inception of that

piece of research. Before the study even begins, the design of the trial

should be placed in the register. This should include the number of human

subjects, whether they are old or young, the drug that will be tested,

whether it will be compared to a placebo or an older drug, how long the

study is going to last, what the endpoints will be, everything before the

trial starts. Then when the trial is finished they would add the salient

results to this registry.

It is terribly important that it be done this way. If you wait until the

trial is finished, you permit companies to change the goalposts as the trial

goes along. There was a widely publicized case of a one-year study of

Celebrex. The company published the first six months as though it were the

complete study. That's because the drug looked good in the first six months

but not so good in the second six months. In the registry, they would have

entered the design of the trial at inception. It would say, " This is a

one-year study. " Then they wouldn't be able to shift the goalposts.

Recently, big drug companies have been the target of lawsuits alleging all

kinds of wrongdoing including fraud, burying research evidence, fraudulent

advertising and overcharging Medicare and Medicaid. What are the most

important kinds of cases, those that can make the biggest dents?

I'm not sure these cases can make any dents in the dubious practices. Even

though the fines have been huge, they are nothing compared with what the

dubious practices have garnered them in revenue. They are a cost of doing

business. Most of the big drug companies are under investigation now for one

thing or another. Some of the pharmacy benefits management companies are

also under investigation. It is a constant thing, involving charges of

Medicare or Medicaid fraud, of advertising for off-label uses, of giving

doctors kickbacks. But I'm not sure it has any real effect.

You quote an industry spokesman saying that the pharmaceutical industry is

facing " the perfect storm. " Health insurers, for instance, are developing

formularies. Many profitable patents are nearing their end. And consumers

are buying cheaper drugs from Canada over the Internet. What is the most

intractable problem for the pharmaceutical industry? Is it the fact that

very few blockbuster drugs are in the development pipeline?

There are two problems. Number one, the pipeline is drying up. Big drug

companies are in serious trouble. They are trolling small biotech companies

all over world. They are hovering around academic medical centers hoping

someone will come up with something they can license and develop. Number

two, there is nobody left to pay the prices. The prices keep rising but

individuals can't afford it. The federal government is running a huge

deficit now, so that's not going to be much help. The states are also

hurting. Medicaid is one of the biggest expenditures for state governments

and a big part of that expenditure is the drug costs. So there's nobody left

who can keep paying these prices.

One reform you suggest is to require pharmaceutical companies to open their

books to the public. Why shouldn't the pharmaceutical industry be able to

protect it's proprietary information just as other industries do?

This is a well-protected industry that depends utterly on government favors.

It lives to a large extent off taxpayer-funded research done in universities

and funded mainly by the NIH. It lives off government-granted monopoly

rights in the form of patents and FDA-conferred exclusively. It also gets

huge tax breaks, both tax deductions and tax credits. So although it talks

the rhetoric of the free market, it is on welfare big time. I think this

industry owes the public something for being treated so very well.

You have said that an " aroused and determined " public can provide the

political power needed to counterbalance the influence of drug companies.

What are examples of groups that are helping to organize public

dissatisfaction?

I think the AARP is one. Their members were very unhappy when the AARP

leadership supported the Medicare drug benefit without any provision for

bargaining for good prices. Many members quit. The leadership has had a

change of heart and now they want to see this bill changed. Senior citizens

are among the most sophisticated people on this issue because they pay for

drugs out of pocket. Also, state governments are getting fed up. The

attorneys general are among those who are legally challenging this industry.

I think there is a general mood that holds, " They are getting away with

price gouging and they shouldn't be allowed to do that anymore. " But many

people still respond to the blackmail that if anything is done to contain

prices, it will somehow cut into R & D and innovation. That is one reason I

wrote the book, to show that is not so.

Link to comment
Share on other sites

Thanks to you and Cary, a, for posting this information. This is one

book that I will be reading.

I think the registry Angell mentions is a superb idea. I'm sick of those

cover-ups and distortions.

I also wish for mandatory reporting of adverse drug reactions. It's a

sorry state of affairs when people can't even know reliably what's

happening after the clinical trials when a drug is being widely used in

the " real world. "

Crestor is a good example of a " me too " drug that should have never come

to market. Those commercials are bizarre - and they used

and his lovely voice, too.

I'll tell you where to go!

Mayo Clinic in Rochester

http://www.mayoclinic.org/rochester

s Hopkins Medicine

http://www.hopkinsmedicine.org

[ ] The Drug Profiteers

The Drug Profiteers

By Hearn, AlterNet

Posted on August 13, 2004

http://www.alternet.org/story/19537/

Faced with exorbitant prescription drug prices and contemptible

marketing

tactics, the American public seems to be swinging back against major

drug

companies. Marcia Angell, for two decades the Editor-in-Chief of The New

England Journal of Medicine, is contributing boldly to that fight with a

front row expose of Big Pharma¹s excesses and neglects. In a disturbing

new

book, Angell, now a Senior Lecturer in Social Medicine at Harvard

Medical

School, spotlights the dubious tactics that garnered big drug companies

an

estimated $400 billion in worldwide sales in 2002.

Once tapped by Time magazine as one of America¹s 25 most influential

people,

Angell uses her penetrating new work, The Truth About the Drug

Companies:

How They Deceive Us and What To Do About It, to propose reforms that

could

bring the megacolossal industry under control. Angell¹s book will be

published by Random House later this month. She talked with AlterNet

about

the excesses of the drug companies, the failure of the government to

rein

them in and about what it will take to turn things around.

Drug companies claim that high drug prices are needed to offset research

and

development (R & D) costs. You point out that this isn't particularly true

in

part because of the industry's reliance on so-called " me too " drugs. Can

you

explain?

A " me too " drug is a drug that's a minor variation of a drug already on

the

market. Most of what big drug companies turn out are " me too " drugs.

There

are, for example, six statin drugs on the market. These are

cholesterol-lowering drugs of the Lipitor type. Lipitor wasn't the first

statin. The first statin to come on the market was called Mevacor. It

had

such a large potential market that other companies realized that

rejiggering

the molecule a bit would allow them to have a share of this very large

market. Lipitor is now the best-selling drug in the world. But it is a

" me

too " drug.

Likewise, your analysis of SEC documents revealed that R & D for many

companies is a rather mysterious budget category that could include what

some would consider to be marketing programs. How do R & D expenditures

generally rank when compared to expenditures for marketing and

administration costs? And to profits?

The pharmaceutical industry talks a lot about how much R & D costs. But

the

R & D is consistently less than big companies make in profits and far less

than what they spend on something they usually call " marketing and

administration. " Companies vary a little in the name for this but it's a

big

category that includes all kinds of promotional activities plus

administrative costs like executive salaries, legal fees and so forth.

This

is by far the largest part of their budgets, usually somewhere from two

to

two-and-a-half times what they spend on R & D.

Medicare was enacted in 1965 with no provision for outpatient

prescription

drug benefits for seniors. You point out that drugs were cheaper, people

took fewer drugs and seniors could afford to buy what they needed.

Today,

because many seniors don't have supplemental insurance or collective

bargaining power, prices are highest for the people who most need drugs.

Will the recent Medicare reforms help?

The Medicare drug benefit that was just passed in late 2003 will do very

little to help senior citizens because it specifically prohibits

Medicare

from bargaining with drug companies for lower prices. All large private

insurers already do this. So do some government programs such as the

Veterans Affairs (VA) system. Medicare would be the biggest purchaser of

all. It would have enormous bargaining power. The pharmaceutical

industry

did not want that to happen and they made sure it would be explicitly

prohibited. And it was. What we are left with is a drug benefit that is

inadequate to begin with. It has this huge donut hole for example. As

prices

increase at the rate they are now, and they'll probably increase at

least

that fast, [the benefit] will quickly be washed out by rising prices.

Are there other potential reforms waiting in the wings?

There are some. The most important reform in my view would be for the

Food

and Drug Administration (FDA) to require that new drugs be tested ­ not

against placebos, but against older treatments already on the market for

the

same condition. If that were required, most new drugs, which are " me

too "

drugs, wouldn't be approved. That's because there's no reason to think

they

are better. By default, that would force the industry to put some real

R & D

efforts into genuinely important novel drugs. They wouldn't get away

with

this gigantic " me-too " industry.

That would be important but it wouldn't directly deal with costs,

although I

think it would have ripple effects that might. As I said, the biggest

part

of Big Pharma's budget is marketing and administration. They have to

spend a

lot to market " me too " drugs because there is no particular reason to

think

that one is better than the other at comparable doses. So it takes a

heap of

marketing to convince doctors and patients to buy one statin instead of

another statin or one SSRI antidepressant instead of another. If it were

a

genuinely important new drug, if it were a cure for cancer, you wouldn't

have to promote it incessantly. That would save a lot of money right

there

because marketing budgets could shrink. That would take an act of

Congress

and my understanding is that similar bills have been introduced to look

at

how new drugs compare with older ones. My proposal is a little different

in

that I would see it as something the FDA would require as a condition

for

approval. Others, I think Senator Clinton for example, have suggested

the

National Institutes of Health (NIH) might want to study " me too " drugs

already on the market. But, to me, that's too late.

You call for breaking the dependence the medical profession has on drug

companies. As a reporter, I constantly confront the trend of drug

companies

paying doctors to evaluate their products. Those evaluations, or at

least

the ones that are pleasing to industry, are then fed to us as though

they

were the latest, greatest scientific finding. How much does this erode

public confidence and what could be done to stop it?

It ought to erode public confidence. It's not so much the fact that the

drug

companies are sponsoring clinical trials as it is the terms of

sponsorship.

Drug companies have always sponsored trials of their own drugs. But they

used to give a grant to an academic medical center and the center would

get

a faculty investigator to do the trial. The company would stand back and

wait for the results. Now they don't do that. They are intimately

involved

in all aspects of the trial. They design the trial. They analyze the

data.

They write the paper. They even decide whether the paper will be

published.

So now they do have real control over the evaluation of their own

products.

That's a terrible conflict of interest.

Also many of the researchers have other financial ties with the same

companies whose drugs they are studying. They sometimes have equity

interest

in the company. They get consulting fees. They are on speaker's bureaus

and

so forth. So they are biased from the get-go. I think the public ought

to be

very concerned about this.

Recently we have heard calls for a registry of clinical trials. This was

in

the wake of reports that GlaxoKline had suppressed negative

information. I don't think this is unique to GlaxoKline at all

because,

as you say, the companies are not very much interested in publicizing

their

negative studies. Even though they are supposed to provide the FDA with

all

trials when they apply for approval, they don't have to publish all of

them

and the FDA is prohibited from making them public. So negative trials

are

suppressed and I think the literature is very biased as result of that

suppression.

A registry would be a very good thing to have but it has to be done the

right way. It should be one central, public registry, probably

administered

by the NIH. All trials ought to be in that registry, not just the ones

the

companies find meaningful. I would make it a condition of enrolling

human

subjects in research. As soon as a drug company enrolls human subjects,

it

no longer is dealing with a purely private matter. It is using people

who

rightly expect they are contributing to scientific knowledge and have a

right to expect that the work will be publicly accountable. The

registry,

then, would contain all work on human subjects from the inception of

that

piece of research. Before the study even begins, the design of the trial

should be placed in the register. This should include the number of

human

subjects, whether they are old or young, the drug that will be tested,

whether it will be compared to a placebo or an older drug, how long the

study is going to last, what the endpoints will be, everything before

the

trial starts. Then when the trial is finished they would add the salient

results to this registry.

It is terribly important that it be done this way. If you wait until the

trial is finished, you permit companies to change the goalposts as the

trial

goes along. There was a widely publicized case of a one-year study of

Celebrex. The company published the first six months as though it were

the

complete study. That's because the drug looked good in the first six

months

but not so good in the second six months. In the registry, they would

have

entered the design of the trial at inception. It would say, " This is a

one-year study. " Then they wouldn't be able to shift the goalposts.

Recently, big drug companies have been the target of lawsuits alleging

all

kinds of wrongdoing including fraud, burying research evidence,

fraudulent

advertising and overcharging Medicare and Medicaid. What are the most

important kinds of cases, those that can make the biggest dents?

I'm not sure these cases can make any dents in the dubious practices.

Even

though the fines have been huge, they are nothing compared with what the

dubious practices have garnered them in revenue. They are a cost of

doing

business. Most of the big drug companies are under investigation now for

one

thing or another. Some of the pharmacy benefits management companies are

also under investigation. It is a constant thing, involving charges of

Medicare or Medicaid fraud, of advertising for off-label uses, of giving

doctors kickbacks. But I'm not sure it has any real effect.

You quote an industry spokesman saying that the pharmaceutical industry

is

facing " the perfect storm. " Health insurers, for instance, are

developing

formularies. Many profitable patents are nearing their end. And

consumers

are buying cheaper drugs from Canada over the Internet. What is the most

intractable problem for the pharmaceutical industry? Is it the fact that

very few blockbuster drugs are in the development pipeline?

There are two problems. Number one, the pipeline is drying up. Big drug

companies are in serious trouble. They are trolling small biotech

companies

all over world. They are hovering around academic medical centers hoping

someone will come up with something they can license and develop. Number

two, there is nobody left to pay the prices. The prices keep rising but

individuals can't afford it. The federal government is running a huge

deficit now, so that's not going to be much help. The states are also

hurting. Medicaid is one of the biggest expenditures for state

governments

and a big part of that expenditure is the drug costs. So there's nobody

left

who can keep paying these prices.

One reform you suggest is to require pharmaceutical companies to open

their

books to the public. Why shouldn't the pharmaceutical industry be able

to

protect it's proprietary information just as other industries do?

This is a well-protected industry that depends utterly on government

favors.

It lives to a large extent off taxpayer-funded research done in

universities

and funded mainly by the NIH. It lives off government-granted monopoly

rights in the form of patents and FDA-conferred exclusively. It also

gets

huge tax breaks, both tax deductions and tax credits. So although it

talks

the rhetoric of the free market, it is on welfare big time. I think this

industry owes the public something for being treated so very well.

You have said that an " aroused and determined " public can provide the

political power needed to counterbalance the influence of drug

companies.

What are examples of groups that are helping to organize public

dissatisfaction?

I think the AARP is one. Their members were very unhappy when the AARP

leadership supported the Medicare drug benefit without any provision for

bargaining for good prices. Many members quit. The leadership has had a

change of heart and now they want to see this bill changed. Senior

citizens

are among the most sophisticated people on this issue because they pay

for

drugs out of pocket. Also, state governments are getting fed up. The

attorneys general are among those who are legally challenging this

industry.

I think there is a general mood that holds, " They are getting away with

price gouging and they shouldn't be allowed to do that anymore. " But

many

people still respond to the blackmail that if anything is done to

contain

prices, it will somehow cut into R & D and innovation. That is one reason

I

wrote the book, to show that is not so.

Link to comment
Share on other sites

Thanks to you and Cary, a, for posting this information. This is one

book that I will be reading.

I think the registry Angell mentions is a superb idea. I'm sick of those

cover-ups and distortions.

I also wish for mandatory reporting of adverse drug reactions. It's a

sorry state of affairs when people can't even know reliably what's

happening after the clinical trials when a drug is being widely used in

the " real world. "

Crestor is a good example of a " me too " drug that should have never come

to market. Those commercials are bizarre - and they used

and his lovely voice, too.

I'll tell you where to go!

Mayo Clinic in Rochester

http://www.mayoclinic.org/rochester

s Hopkins Medicine

http://www.hopkinsmedicine.org

[ ] The Drug Profiteers

The Drug Profiteers

By Hearn, AlterNet

Posted on August 13, 2004

http://www.alternet.org/story/19537/

Faced with exorbitant prescription drug prices and contemptible

marketing

tactics, the American public seems to be swinging back against major

drug

companies. Marcia Angell, for two decades the Editor-in-Chief of The New

England Journal of Medicine, is contributing boldly to that fight with a

front row expose of Big Pharma¹s excesses and neglects. In a disturbing

new

book, Angell, now a Senior Lecturer in Social Medicine at Harvard

Medical

School, spotlights the dubious tactics that garnered big drug companies

an

estimated $400 billion in worldwide sales in 2002.

Once tapped by Time magazine as one of America¹s 25 most influential

people,

Angell uses her penetrating new work, The Truth About the Drug

Companies:

How They Deceive Us and What To Do About It, to propose reforms that

could

bring the megacolossal industry under control. Angell¹s book will be

published by Random House later this month. She talked with AlterNet

about

the excesses of the drug companies, the failure of the government to

rein

them in and about what it will take to turn things around.

Drug companies claim that high drug prices are needed to offset research

and

development (R & D) costs. You point out that this isn't particularly true

in

part because of the industry's reliance on so-called " me too " drugs. Can

you

explain?

A " me too " drug is a drug that's a minor variation of a drug already on

the

market. Most of what big drug companies turn out are " me too " drugs.

There

are, for example, six statin drugs on the market. These are

cholesterol-lowering drugs of the Lipitor type. Lipitor wasn't the first

statin. The first statin to come on the market was called Mevacor. It

had

such a large potential market that other companies realized that

rejiggering

the molecule a bit would allow them to have a share of this very large

market. Lipitor is now the best-selling drug in the world. But it is a

" me

too " drug.

Likewise, your analysis of SEC documents revealed that R & D for many

companies is a rather mysterious budget category that could include what

some would consider to be marketing programs. How do R & D expenditures

generally rank when compared to expenditures for marketing and

administration costs? And to profits?

The pharmaceutical industry talks a lot about how much R & D costs. But

the

R & D is consistently less than big companies make in profits and far less

than what they spend on something they usually call " marketing and

administration. " Companies vary a little in the name for this but it's a

big

category that includes all kinds of promotional activities plus

administrative costs like executive salaries, legal fees and so forth.

This

is by far the largest part of their budgets, usually somewhere from two

to

two-and-a-half times what they spend on R & D.

Medicare was enacted in 1965 with no provision for outpatient

prescription

drug benefits for seniors. You point out that drugs were cheaper, people

took fewer drugs and seniors could afford to buy what they needed.

Today,

because many seniors don't have supplemental insurance or collective

bargaining power, prices are highest for the people who most need drugs.

Will the recent Medicare reforms help?

The Medicare drug benefit that was just passed in late 2003 will do very

little to help senior citizens because it specifically prohibits

Medicare

from bargaining with drug companies for lower prices. All large private

insurers already do this. So do some government programs such as the

Veterans Affairs (VA) system. Medicare would be the biggest purchaser of

all. It would have enormous bargaining power. The pharmaceutical

industry

did not want that to happen and they made sure it would be explicitly

prohibited. And it was. What we are left with is a drug benefit that is

inadequate to begin with. It has this huge donut hole for example. As

prices

increase at the rate they are now, and they'll probably increase at

least

that fast, [the benefit] will quickly be washed out by rising prices.

Are there other potential reforms waiting in the wings?

There are some. The most important reform in my view would be for the

Food

and Drug Administration (FDA) to require that new drugs be tested ­ not

against placebos, but against older treatments already on the market for

the

same condition. If that were required, most new drugs, which are " me

too "

drugs, wouldn't be approved. That's because there's no reason to think

they

are better. By default, that would force the industry to put some real

R & D

efforts into genuinely important novel drugs. They wouldn't get away

with

this gigantic " me-too " industry.

That would be important but it wouldn't directly deal with costs,

although I

think it would have ripple effects that might. As I said, the biggest

part

of Big Pharma's budget is marketing and administration. They have to

spend a

lot to market " me too " drugs because there is no particular reason to

think

that one is better than the other at comparable doses. So it takes a

heap of

marketing to convince doctors and patients to buy one statin instead of

another statin or one SSRI antidepressant instead of another. If it were

a

genuinely important new drug, if it were a cure for cancer, you wouldn't

have to promote it incessantly. That would save a lot of money right

there

because marketing budgets could shrink. That would take an act of

Congress

and my understanding is that similar bills have been introduced to look

at

how new drugs compare with older ones. My proposal is a little different

in

that I would see it as something the FDA would require as a condition

for

approval. Others, I think Senator Clinton for example, have suggested

the

National Institutes of Health (NIH) might want to study " me too " drugs

already on the market. But, to me, that's too late.

You call for breaking the dependence the medical profession has on drug

companies. As a reporter, I constantly confront the trend of drug

companies

paying doctors to evaluate their products. Those evaluations, or at

least

the ones that are pleasing to industry, are then fed to us as though

they

were the latest, greatest scientific finding. How much does this erode

public confidence and what could be done to stop it?

It ought to erode public confidence. It's not so much the fact that the

drug

companies are sponsoring clinical trials as it is the terms of

sponsorship.

Drug companies have always sponsored trials of their own drugs. But they

used to give a grant to an academic medical center and the center would

get

a faculty investigator to do the trial. The company would stand back and

wait for the results. Now they don't do that. They are intimately

involved

in all aspects of the trial. They design the trial. They analyze the

data.

They write the paper. They even decide whether the paper will be

published.

So now they do have real control over the evaluation of their own

products.

That's a terrible conflict of interest.

Also many of the researchers have other financial ties with the same

companies whose drugs they are studying. They sometimes have equity

interest

in the company. They get consulting fees. They are on speaker's bureaus

and

so forth. So they are biased from the get-go. I think the public ought

to be

very concerned about this.

Recently we have heard calls for a registry of clinical trials. This was

in

the wake of reports that GlaxoKline had suppressed negative

information. I don't think this is unique to GlaxoKline at all

because,

as you say, the companies are not very much interested in publicizing

their

negative studies. Even though they are supposed to provide the FDA with

all

trials when they apply for approval, they don't have to publish all of

them

and the FDA is prohibited from making them public. So negative trials

are

suppressed and I think the literature is very biased as result of that

suppression.

A registry would be a very good thing to have but it has to be done the

right way. It should be one central, public registry, probably

administered

by the NIH. All trials ought to be in that registry, not just the ones

the

companies find meaningful. I would make it a condition of enrolling

human

subjects in research. As soon as a drug company enrolls human subjects,

it

no longer is dealing with a purely private matter. It is using people

who

rightly expect they are contributing to scientific knowledge and have a

right to expect that the work will be publicly accountable. The

registry,

then, would contain all work on human subjects from the inception of

that

piece of research. Before the study even begins, the design of the trial

should be placed in the register. This should include the number of

human

subjects, whether they are old or young, the drug that will be tested,

whether it will be compared to a placebo or an older drug, how long the

study is going to last, what the endpoints will be, everything before

the

trial starts. Then when the trial is finished they would add the salient

results to this registry.

It is terribly important that it be done this way. If you wait until the

trial is finished, you permit companies to change the goalposts as the

trial

goes along. There was a widely publicized case of a one-year study of

Celebrex. The company published the first six months as though it were

the

complete study. That's because the drug looked good in the first six

months

but not so good in the second six months. In the registry, they would

have

entered the design of the trial at inception. It would say, " This is a

one-year study. " Then they wouldn't be able to shift the goalposts.

Recently, big drug companies have been the target of lawsuits alleging

all

kinds of wrongdoing including fraud, burying research evidence,

fraudulent

advertising and overcharging Medicare and Medicaid. What are the most

important kinds of cases, those that can make the biggest dents?

I'm not sure these cases can make any dents in the dubious practices.

Even

though the fines have been huge, they are nothing compared with what the

dubious practices have garnered them in revenue. They are a cost of

doing

business. Most of the big drug companies are under investigation now for

one

thing or another. Some of the pharmacy benefits management companies are

also under investigation. It is a constant thing, involving charges of

Medicare or Medicaid fraud, of advertising for off-label uses, of giving

doctors kickbacks. But I'm not sure it has any real effect.

You quote an industry spokesman saying that the pharmaceutical industry

is

facing " the perfect storm. " Health insurers, for instance, are

developing

formularies. Many profitable patents are nearing their end. And

consumers

are buying cheaper drugs from Canada over the Internet. What is the most

intractable problem for the pharmaceutical industry? Is it the fact that

very few blockbuster drugs are in the development pipeline?

There are two problems. Number one, the pipeline is drying up. Big drug

companies are in serious trouble. They are trolling small biotech

companies

all over world. They are hovering around academic medical centers hoping

someone will come up with something they can license and develop. Number

two, there is nobody left to pay the prices. The prices keep rising but

individuals can't afford it. The federal government is running a huge

deficit now, so that's not going to be much help. The states are also

hurting. Medicaid is one of the biggest expenditures for state

governments

and a big part of that expenditure is the drug costs. So there's nobody

left

who can keep paying these prices.

One reform you suggest is to require pharmaceutical companies to open

their

books to the public. Why shouldn't the pharmaceutical industry be able

to

protect it's proprietary information just as other industries do?

This is a well-protected industry that depends utterly on government

favors.

It lives to a large extent off taxpayer-funded research done in

universities

and funded mainly by the NIH. It lives off government-granted monopoly

rights in the form of patents and FDA-conferred exclusively. It also

gets

huge tax breaks, both tax deductions and tax credits. So although it

talks

the rhetoric of the free market, it is on welfare big time. I think this

industry owes the public something for being treated so very well.

You have said that an " aroused and determined " public can provide the

political power needed to counterbalance the influence of drug

companies.

What are examples of groups that are helping to organize public

dissatisfaction?

I think the AARP is one. Their members were very unhappy when the AARP

leadership supported the Medicare drug benefit without any provision for

bargaining for good prices. Many members quit. The leadership has had a

change of heart and now they want to see this bill changed. Senior

citizens

are among the most sophisticated people on this issue because they pay

for

drugs out of pocket. Also, state governments are getting fed up. The

attorneys general are among those who are legally challenging this

industry.

I think there is a general mood that holds, " They are getting away with

price gouging and they shouldn't be allowed to do that anymore. " But

many

people still respond to the blackmail that if anything is done to

contain

prices, it will somehow cut into R & D and innovation. That is one reason

I

wrote the book, to show that is not so.

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