Do I Have A Lawsuit ?

Attorneys On Your Side

Class Action Lawsuit

Avandia Lawsuit

Avandia Lawsuit

Avandia Side Effects

Avandia Heart Attack

As some of you may have seen on the news or heard on the radio, the diabetes drug Avandia is once again making headlines as a result of a report by Senators Max Baucus and Chuck Grassley. The report is the result of a two year investigation into the Glaxo Smith Kline drug and THE FDA's handling of safety concerns related to Avandia and the increased risk of heart attack to Avandia patients.

 

Please see related press release below.

Avandia Lawsuit

Avandia Side Effects

Avandia Heart Attack

United States Senate

 

Washington, D.C.

For Immediate Release

Saturday, February 20, 2010

Baucus, Grassley Release Finance Committee Report on Diabetes Drug Avandia,

Express Concern About FDA’s Role in Protecting Patients in Ongoing Avandia Study

WASHINGTON – Senator Max Baucus, Chairman of the Committee on Finance, and

Senator Chuck Grassley, Ranking Member, today released a committee report based on a twoyear

inquiry of the diabetes drug Avandia. The senators also asked the Food and Drug

Administration to describe what steps the agency has taken to protect patients in an ongoing

Avandia clinical trial, and why the study is allowed to continue, given that the FDA itself

estimated that the drug caused approximately 83,000 excess heart attacks between 1999 and

2007. In 2008, FDA officials called the clinical trial, as then-designed, “unethical and

exploitative” of patients.

“There’s a real problem when FDA’s office that reviews drugs that are on the market is

an unequal player in drug safety efforts,” Grassley said. “It doesn’t make any sense to have

these experts, who study drugs after they have been on the market for several years, under the

thumb of the officials who approved the drug in the first place and have a natural interest in

defending that decision. The Avandia case may be the most alarming example of the problem

with this set-up. Both the FDA and Congress need to take every step possible to establish

independence for post-market surveillance. The Institute of Medicine has made

recommendations. It’s a matter of sound science and public safety.”

“Americans have a right to know there are serious health risks associated with Avandia

and GlaxoSmithKline had a responsibility to tell them. Patients trust drug companies with their

health and their lives and GlaxoSmithKline abused that trust,” Baucus said. “We will continue

watching closely and working with the FDA to make sure patients and doctors are aware of the

risks associated with Avandia and all drugs so they can make safe and informed decisions when

choosing their medicines.”

The committee report explores when the Avandia manufacturer, GlaxoSmithKline,

became aware of heart attack risks associated with the drug, whether the company sufficiently

warned patients and the FDA of the dangers, and steps the company apparently took to create

doubt regarding negative findings about the drug.

The report was developed over the last two years by committee investigators who

reviewed more than 250,000 pages of documents provided by GlaxoSmithKline, the FDA, and

several research institutes. Committee investigators also conducted numerous interviews and

phone calls with GlaxoSmithKline, the FDA and anonymous whistleblowers. The report can be

found at finance.senate.gov.

Baucus and Grassley directed the report over concerns that Avandia and other highprofile

drugs such as Vioxx put public safety at risk because the FDA has been too cozy with

drug makers and has been regularly outmaneuvered by companies that have a financial interest in

downplaying or under-exploring potential safety risks. In 2007, Congress enacted legislation

giving the FDA some new tools to better protect patients from harm caused by drugs that are

brought to market without sufficient safety oversight or consumer warnings. However, the

legislation did not fix a fundamental problem at the FDA -- the imbalance between the office

responsible for monitoring the safety of drugs after approval and the office that puts drugs on the

market in the first place.

The FDA has overlooked or overridden safety concerns cited by its own officials, as

appears to be the case with the ongoing Avandia study. The text of the Baucus-Grassley letter to

the FDA on the Avandia study follows here.

February 18, 2010

The Honorable Margaret A. Hamburg, MD

Commissioner

U.S. Food and Drug Administration

White Oak Building 1

10903 New Hampshire Avenue

Silver Spring, MD 20993

Dear Commissioner Hamburg:

As senior members of the United States Senate and Chairman and Ranking Member of

the Committee on Finance (Committee), we have a duty under the Constitution to conduct

oversight into the actions of executive branch agencies, including the Food and Drug

Administration (FDA). In this capacity, we must ensure that FDA properly fulfill their mission

to advance the public’s welfare, safeguard the nation’s drug supply, and protect patients

participating in clinical trials.

We recently released a report raising concerns about Avandia, a diabetes drug made by

GlaxoSmithKline (GSK). We began this inquiry after the

New England Journal of Medicine

published a study in May 2007 warning of the possible cardiovascular risk of Avandia.

Our report was based on a review of hundreds of thousands of pages of internal GSK

documents and concluded:

The totality of evidence suggests that GSK was aware of the possible cardiac risks

associated with Avandia years before such evidence became public.… Based on this

knowledge, GSK had a duty to sufficiently warn patients and the FDA of its concerns in a

timely manner. Instead, GSK executives intimidated independent physicians, focused on

strategies to minimize findings that Avandia may increase cardiovascular risk, and sought

ways to downplay findings that the rival drug ACTOS (pioglitazone) might reduce

cardiovascular risk.

In 2007, the FDA asked GSK to perform a cardiovascular safety trial, called TIDE

(Thiazolidinedione Intervention With Vitamin D Evaluation), to compare Avandia to other

diabetes treatments such as ACTOS (piolglitazone). According to clinicaltrials.gov, the TIDE

trial is currently recruiting patients. [ATTACHMENT A]

In response to several document requests made to the FDA, we received and reviewed an

analysis conducted by two FDA safety officials. It is our understanding that this analysis,

conducted in October 2008, reviewed all available studies comparing rosiglitazone (Avandia) to

pioglitazone (ACTOS). The analysis by these FDA officials raise some alarms. For instance,

they wrote:

[T]here is no evidence that rosiglitazone confers any unique health benefits over

pioglitazone while there is strong evidence that rosiglitazone confers an increased risk of

[heart attacks] and heart failure compared to pioglitazone. [ATTACHMENT B]

Even more alarming, they concluded that “any proposed head-to-head trial of

rosiglitazone vs. pioglitazone would be unethical and exploitative.”

Two days after releasing this analysis, one of these same safety officers reviewed the

protocol for the TIDE trial. This safety officer wrote that because of cardiovascular concerns

with Avandia “the safety of the study itself cannot be assured, and is not acceptable.”

[Attachment C]

After reading these documents, we would like to know what steps the FDA has taken to

protect patients in the TIDE trial, and why this trial is allowed to continue. We would also like

to know if the Office for Human Research Protection (OHRP) was notified about the safety

concerns of the TIDE trial identified by the FDA. Further, we were alarmed to learn that the

warnings from these safety officers do not appear to be addressed in the consent form that was

handed out to patients that were enrolled in the study. [Attachment D]

We look forward to hearing from you by no later than March 4, 2010.

Sincerely,

Max Baucus

Chairman

Chuck Grassley

Ranking Member

 

Free Case Review

Free Case Review
  1. Your Name:(*)
    Please check your name for errors.
  2. E-mail Address:(*)
    Please provide your valid email address
  3. Phone Number:
    Invalid Input
  4. Street Address:
    Invalid Input
  5. City:
    Invalid Input
  6. State, Select Your State From The List:
    Invalid Input
  7. Zip Code:(*)
    Invalid Zip Code. Please enter your US Zip code.
  8. Method you prefer we use to contact you?
    Invalid Input
  9. General Case Information Please briefly explain your situation:(*)
    Please let us know your message.
  10. By submitting this inquiry I agree that the information that I will receive in response to the above question is general information and I will not be charged for the response to this e-mail question. I also agree that the above does not constitute a request for legal advice and that I am not forming an attorney client relationship by submitting this question. I understand that I may only retain an attorney by entering into an agreement, and that I am not hereby entering into an agreement by submitting my question.