Callous Misjudgments By Drug Regulators

Thanks to Henry Miller for forwarding his piece that ran in the Wall Street Journal today:

The crisis in vaccine research, development and production is even worse than described in your illuminating May 22 editorial "A Needless Vaccine Shortage," and myopic public policy is largely to blame. A prime example is your description of the CDC's use of its "buying clout and power," to compel steep discounts for purchases. If any interference with market forces were warranted, arguably government should be offering a subsidy rather than imposing what amounts to a punitive tax on vaccine makers.

Wrong-headed, excessive regulation, you observe accurately, is another significant obstacle to pharmaceutical development. Consider, for example, the FDA's position on a vaccine to prevent meningitis C, a bacterial illness that infects thousands of persons and kills hundreds in this country annually. At present no conjugated (comprised of connected components) vaccine against this infectious disease is approved for use in the U.S., although three excellent products are available in Canada and Europe. The safety and efficacy of these vaccines have been demonstrated in pre-licensing testing and in large-scale immunization programs, with more than 20 million doses administered. But jealous of its prerogatives, the FDA refuses to recognize the foreign approvals, although such "reciprocity" is supposed to be a goal of discussions among international regulators. When asked about the FDA's cooperation on this issue, a European regulator responded, "It's like discussing the Thanksgiving dinner menu with the turkeys."

Another similar (non-vaccine) example of regulators' callous misjudgments is the FDA's obstruction of an injectable antibiotic called Tigecycline, developed to treat patients with infections with "resistant pathogens" -- bacteria that are not killed by standard antibiotics. The sponsor, Wyeth-Ayerst Laboratories, had conducted two human studies to demonstrate that the drug is safe and effective, and was planning a third and final one. However, last year the FDA announced its intention to change the rules for antibiotic trials in a way that would have required the company to double the number of patients in the trials from 4,000 to 8,000. A study that big would make the investment required by the company significantly greater, take longer, and possibly require the enrollment of patients outside the U.S. The company has put the last trial on hold and is considering whether to proceed with development.

If we are to avoid a return of epidemics of preventable infectious diseases, we will need both to remove existing disincentives and create potent new economic incentives for vaccine production.

Henry I. Miller, M.D.
Hoover Institution
Stanford University
Stanford, Calif.
(Dr. Miller was an FDA official from 1979-1994.)

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Chris Alden

Christopher J. Alden is Chairman & CEO of Six Apart Ltd., the world's leading blogging company. Six Apart acquired Rojo Networks, Inc., creator of an innovative RSS feed reading service, where Mr. Alden was co-founder and CEO. Before Rojo, he was CEO of Red Herring Communications, Inc., publisher of Red Herring magazine -- described by the Wall Street Journal as the "bible of Silicon Valley" - which he helped launch out of his house in 1993. Prior to that he founded Computer Guides, a consultancy.
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