Bill Looks To Regulate Pharmacies Linked To Meningitis Outbreak

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Posted on 2nd November 2012 by gjohnson in Uncategorized

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It only took 28 deaths, but our astute lawmakers in Washington are drafting legislation that would finally empower the Food and Drug Administration to regulate so-called compounding pharmacies, like the one that produced the batches of tainted steroids linked to a meningitis breakout.

According to The Wall Street Journal Friday, U.S. Rep. Ed Markey, D-Mass., was going to introduce a law mandating that compounding pharmacies, which create customized drugs, meet the same sterility and manufacturing standards as traditional pharmaceutical makers. His bill is being co-sponsored by Reps. Steve Cohen, D-Tenn., and Louise Slaughter, D-New York.

http://online.wsj.com/article/SB10001424052970204707104578093174235021886.html?mod=googlenews_wsj

Rep. Rosa DeLauro, D-Conn., also plans to sponsor similar legislation, The Journal reported. Congress is probing the fatal fungal meningitis outbreak, with a hearing scheduled for after the Presidential Election.

The brouhaha comes in the wake of 28 dying and nearly 400 made ill after receiving contaminated steroid shots, medicine manufactured by the New England Compounding Center (NECC) of Framingham, Mass. The Journal reported that on Thursday, federal health officials announced that two other NECC products had been tested and had bacteria.

Compounding pharmacies have essentially fallen through the cracks when it comes to control and safety, “governed by fragmented regulations for too long, leading to the worst public-health disaster in recent memory,” The Journal quoted Markey as saying.

As the law stands now, states are supposed to regulate compounding pharmacies, but the problem is operations like NECC have grown too large for states to effectively control, according to The Journal. And currently the FDA can inspect compounding pharmacies, but can’t make them to adhere to safe drug-manufacturing standards.

Under Markey’s proposed legislation, the FDA could regulate pharmacies “partially based on their volumes,” according to The Journal. The bill draws a distinction between pharmacies that only make small amounts of drugs for individual patients and those that manufacture large quantities for use across the nation.

 

 

Lab That Made Tainted Drug In Meningitis Outbreak Was Filthy

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Posted on 27th October 2012 by gjohnson in Uncategorized

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When the Food and Drug Administration (FDA) inspected the pharmacy company that manufactured a contaminated medicine linked to 25 deaths, what it found would make your stomach turn.

Some 83 out of 321 vials contained “what appeared to be a greenish foreign matter,” the FDA said in an eight-page report late last week. Seventeen vials from that bin contained “what appeared to be white filamentous material.” One vial had a fungus.

There was bacteria and mold in a supposedly sterile room where drugs were made. And the air conditioner was put off at night, despite the fact that temperature and humidity were supposed to be carefully controlled at the facility.

http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofGlobalRegulatoryOperationsandPolicy/ORA/ORAElectronicReadingRoom/UCM325980.pdf

The New York Times did a Page One story Saturday based on the FDA’s report , called a “483,” on its inspection of the New England Compounding Center (NECC) in Farmingham, Mass. This is the company that manufactured the tainted steroid, injected as a pain killer, that allegedly caused a national outbreak of  fungal meningitis. Two dozen are dead, more than 300 are sick and possibly 14,000 were exposed to the steroid, according to The Times.

http://www.nytimes.com/2012/10/27/health/fda-finds-unsanitary-conditions-at-new-england-compounding-center.html?pagewanted=all&_r=0

“The FDA observed and has since confirmed contaminated products and listed a number of observations regarding conditions in the clean room at NECC’s Framingham, Mass., facility,” the federal agency said in a press release.

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm325994.htm

“The investigators also observed problems with NECC’s ability to maintain its clean room, which is the enclosed space that is designed and maintained to have a controlled environment with low levels of airborne particles and surface contamination,” the FDA said.

“Production of sterile drug products in a properly functioning and maintained clean room reduces the risk of the introduction of microbial contamination into the drug during processing, including filling into its final container.”

Finally, the press release said, “The FDA issues a 483 at the end of an inspection when the investigators believe that they observed conditions or practices that, in their judgment, may indicate violations of the Federal Food, Drug, and Cosmetic Act, or related regulations. The 483 does not constitute a final FDA determination that any observation listed on the 483 is a violation of the Federal Food, Drug, and Cosmetic Act or any related regulations.”

I think it’s a pretty safe bet that the FDA will ultimately there were violations by NECC, don’t you?

The FDA said it was continuing to work the U.S. Centers for Disease Control and Prevention and state partners, including the Massachusetts Board of Registration in Pharmacy, to investigate the outbreak of fungal meningitis among patients who received NECC’s compounded preservative-free methylprednisolone acetate, an injectable steroid.

The problem with compounding centers such as NECC is that they have essentially not been regulated by the FDA, since they are not full-fledged drug makers. As The Times pointed out in its Saturday story about NECC, “Instead of producing tailor-made drugs for individual patients, as the law allowed, the company turned into a major drug maker that supplied some of the most prestigious hospitals in the country.”

The FDA report also noted that NECC “is abutted to the rear and along the left parking area by a recycling facility that handles such materials as mattresses and plastics … the area was observed to include large equipment (e.g. excavators and freight trucks) producing airborne particulates (e.g. dust). Rooftop units serving the firm’s HVAC system were estimated to be located approximately 100 feet from the recycling facility.”

What did some of the experts say about this mess?

A pharmaceutical sterility expert, Russell Madsen, when asked about the FDA’s inspection report told The Times, “In all my time in the pharmaceutical industry, which is 45 years, I’ve never seen one this bad.”

 

 

 

Banana Boat Spray-On Suntan Lotion Recalled After ‘Adverse Effects’

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Posted on 22nd October 2012 by gjohnson in Uncategorized

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Here’s a frightening scenario: You spray on some sun tan lotion, someone lights a cigarette near you and you ignite in flames.

That’s the potential danger that last Friday prompted the maker of Banana Boat Sun Care to voluntarily recall some its spray-on products from the market.

http://www.fda.gov/Safety/Recalls/ucm324824.htm

Energizer Holdings Inc., based in St. Louis, said it was withdrawing about two dozen spray-on Banana Boat sun care products, such as Continuous Mist and Ultra Mist, “due to a potential risk of product igniting on the skin if contact is made with a source of ignition before the product is completely dry.”

In its press release, the company said, “Energizer believes that this issue is associated with the product delivery system, specifically the size of the spray valve opening on the affected products. The spray valve opening on the affected products dispenses more than is typical in the industry for continuous sun care sprays. As a result, the product is taking longer to dry on the skin than is typical with other continuous sprays. If a consumer comes into contact with a flame or spark prior to complete drying of the product on the skin, there is a potential for the product to ignite.”

The company reported that it had “received four reports of adverse events involving burns associated with the use of the Banana Boat SPORT Ultramist SPF 30 and 50 products in the US, and one event in Canada.”

Five “adverse events”? I hope no one was burned to a crisp.

These over-the-counter products were distributed nationwide to wholesalers and retailers from January 2010 through Sept. 30.

Energizer said it was  notifying its retail partners to stop selling the product.

“Consumer safety is the primary objective of Energizer and therefore it has voluntarily initiated this market withdrawal,” the company said in its press release “As already described, Energizer believes it has identified the cause of this safety concern and expects to offer new Banana Boat continuous spray products shortly.”

Energizer then added this little caveat: “Consistent with existing warnings on all continuous spray sun care products, consumers should take care to avoid sources of ignition when using these products, should not smoke while using these products, and should not use these products in the presence of a flame or spark.”

Energizer advised anyone who purchased any of the various versions of spray-on Banana Boat that the company cited  not to use them.

Consumers with questions or complaints regarding the recall can contact Energizer by calling Consumer Affairs at 1-800-SAFESUN (1-800-723-3786) Monday through Friday, 8 a.m. to 7 p.m. Eastern Times, or by sending an email to: SUNCARE@customerfollowup.info.

The U.S. Food and Drug Administration is aware of the recall, according to Energizer.

So-called “adverse events” that may be related to the use of these products may be reported to FDA’s MedWatch Adverse Event Reporting Program either online, by regular mail or by fax:

  • Online: www.fda.gov/medwatch/report.htm
  • Regular Mail: use postage-paid FDA form 3500 available at:
    www.fda.gov/MedWatch/getforms.htm.
    Mail to MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787
  • Fax: 1-800-FDA-0178

 

 

 

 

 

 

 

New YorK Jury Awards $100 Million In Cerebral Palsy Lawsuit

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Posted on 25th August 2012 by gjohnson in Uncategorized

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A New York jury has awarded  a $100 million in a lawsuit involving a Staten Island teen who developed cerebral palsy because of her premature birth, the York Post reported Saturday.

http://www.nypost.com/p/news/local/staten_island/palsy_kid_3jO2Ciyy8IDYbZqmUJSlpL

Unfortunately, because St. Vincent filed for bankruptcy in 2010, the actual payout will be far less than the jury award. It will limited to the hospital’s insurance, which is $16 million, according to the Post

The family of Stephanie Debes, 17, filed the suit against St. Vincent’s Medical Center, where she and her twin sister Amanda were born three months premature. Stephanie sustained brain injury that led to her cerebral palsy, while her sister didn’t have any problems andn is now healthy, according to the Post.

A Staten Island Supreme Court  jury determined that St. Vincent’s staffers were liable because they didn’t “recognize mom Catherine Debes’ contractions before she went into labor and failed to prevent pre-term delivery of her daughters,” the Post reported.

The jury determined that St. Vincent’s was liable $17 million  for past pain and suffering and $60 million for future pan and suffering. The award was also meant to cover medical expenses.

Peg Perego Recalls 223,000 Strollers Over Strangulation Risk

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Posted on 24th July 2012 by gjohnson in Uncategorized

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Peg Perego USA Inc. is voluntarily recalling about 223,000 strollers because of the risk of strangulation and entrapment, the company and the  U.S. Consumer Product Safety Commission (CPSC) said Tuesday.

http://www.cpsc.gov/cpscpub/prerel/prhtml12/12232.html

The recall comes in the wake of the death of one baby from the stroller, and the near strangulation of a second baby.

A 6-month-old baby boy from Tarzana, Calif., died of strangulation after his head was trapped between the seat and the tray of his Peg Perego stroller in 2004. Another baby, a 7-month-old girl from New York City nearly strangled when her head became trapped between the seat and the tray of her stroller in 2006.

“Entrapment and strangulation can occur, especially to infants younger than 12 months of age, when a child is not harnessed,” the CPSC said in a press release. “An infant can pass through the opening between the stroller tray and seat bottom, but his/her head and neck can become entrapped by the tray. Infants who become entrapped at the neck are at risk of strangulation.”

My question is why did everyone wait so long to do the recall, when the death took place in 2004?

The recall involves two different older versions of the Peg Perego strollers, Venezia and Pliko-P3, manufactured between January 2004 and September 2007, in a variety of colors.

“They were manufactured prior to the existence of the January 2008 voluntary industry standard, which addresses the height of the opening between the stroller’s tray and the seat bottom,” the CPSC said. “The voluntary standard requires larger stroller openings that prevent infant entrapment and strangulation hazards.”

The CPSC said that only strollers that have a child tray with one cup holder are part of the recall, not those with a bumper bar in front of the child or a tray with two cup holders.

“Peg Perego” and “Venezia” or “Pliko-P3” are printed on the side of the strollers.

The strollers were sold at various retailers nationwide, including Babies R Us and Buy Buy Baby from January 2004 through September 2010 for between $270 and $330 for the Pliko P-3 stroller and between $350 and $450 for the Venezia stroller. They were made in Italy.

Consumers should immediately stop using the recalled strollers and contact the firm for a free repair kit. Do not return the stroller to the retailers as they will not be able to provide the repair kit.

CPSC and Peg Perego warned consumers that these strollers may be available on the secondhand market, in thrift stores or at yard sales. Consumers should not buy or sell these recalled strollers until the repair kit is installed.

According to the CPSC, parents and caregivers are encouraged to always secure children in a stroller by using the safety harness and never leave them unattended.

Glaxo To Fork Over $3 Billion Settlement, Plead To Criminal Charges

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Posted on 4th July 2012 by gjohnson in Uncategorized

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It’s a record-breaking settlement against a pharmaceutical company: GlaxoSmith Kline will pay a whopping $3 billion in fines and plead guilty to criminal charges for illegally marketing several drugs and withholding safety data on a diabetes medication.

The news, which made headlines across the nation, was announced Monday by federal prosecutors. The charges involved the marketing anti-depressant drugs such as Paxil and Wellbutrin for unapproved uses, and failing to report safety data for the diabetes drug Avandia.

http://www.nytimes.com/2012/07/03/business/glaxosmithkline-agrees-to-pay-3-billion-in-fraud-settlement.html?_r=1&ref=todayspaper

The preliminary terms of the settlement were first made public in November.

The settlements breaks down into $1 billion in criminal fines and $2 billion for civil liabilities.

The whole case falls under the federal so-called “whistle-blower” law, according to The New York Times. Four GlaxoSmithKline workers, a group that included a marketing development manager and a regional vice president, went to the government to report a number of illegal practices, The Times reported.

For example, the drug maker promoted the use of Paxil for children, even though antidepressants can increase the risk of suicide for teens. GlaxoSmithKline also marketed Wellbutrin for weight loss and sexual dysfunction, when it only had Food and Drug Administration (FDA) approval to prescribe for depression, according to The Times.

For Avandia, which has been tied to heart problems, the drug maker withheld data from studies that provided evidence of its risks, The Times reported.

 

FDA Seizes Tainted Ultrasound Gel In Newark

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Posted on 19th April 2012 by gjohnson in Uncategorized

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Well, here’s another case of a medical product being contaminated with bacteria, allegedly making hospital patients ill.

U.S. Marshals, acting at the request of the Food and Drug Administration, have seized bottles of Other-Sonic Generic Ultrasound Transmission Gel, which were  located at Pharmaceutical Innovations Inc. in Newark, N.J. An FDA analysis had found that product samples contained dangerous bacteria, according to an FDA press release.

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm300838.htm

The gel was confiscated after the FDA received a report involving 16 surgical patients being infected with Pseudomonas aeruginosa, reportedly in Michigan. The patients had transesophageal ultrasound procedures, while undergoing heart valve replacement, using the Other-Sonic gel.

Under the Federal Food, Drug, and Cosmetic Act, the seized gel is adulterated, because product samples were contaminated with two strains of bacteria, not only Pseudomonas aeruginosa but Klebsiella oxytoca, the FDA said.

The gel is also misbranded because it is dangerous to health when used in the manner suggested in the labeling. These bacteria pose serious risks of infection to individuals exposed to the product, the FDA warned.

The seizure included all lots of the gel product manufactured between June 2011 and December 2011.

Until they were seized, the products were held under embargo by the New Jersey Department of Health and Senior Services at FDA’s request.

“This ultrasound gel presented serious health risks to patients, particularly vulnerable ones,” said Dara Corrigan, the FDA’s associate commissioner for regulatory affairs. “Therefore, FDA, with the assistance of our state partner, is taking aggressive enforcement action to protect the public health.”

Ultrasound is an imaging method that uses high-frequency sound waves to produce precise images of structures within the body. Ultrasound transmission gel improves the transmission of the ultrasound waves.

According to the complaint filed in the U.S. District Court for the District of New Jersey, FDA analysis of product samples collected in February revealed the presence of the two bacterial strains.

The affected gel products include 250 milliliter and 5 liter containers of Other-Sonic Generic Ultrasound Transmission Gel. The FDA warns health care professionals who perform ultrasound procedures to stop using Other-Sonic gel manufactured from June through December 2011, because of the risks posed by bacteria contamination.

The FDA issued a safety communication alerting health care providers that bacteria found in non-sterile Other-Sonic Generic Ultrasound Transmission Gel poses risks of infection.

http://www.nj.com/news/index.ssf/2012/04/thousands_of_bottles_of_ultras.html

 

 

Parents Settle Lawsuit Over Son’s Death In Contaminated Swab Case

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Posted on 19th April 2012 by gjohnson in Uncategorized

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The family of a Houston toddler, who alleged that a contaminated alcohol swap caused their son’s death, have settled their suit against the Wisconsin company that made the wipes, according to the Milwaukee Journal Sentinel.

One left, another 10 to go.

http://www.jsonline.com/features/health/parents-settle-suit-over-death-related-to-contaminated-wipes-375217r-147902735.html

Shanoop Kothari and his wife Sandy settled their litigation against Triad Group and its unit, H&P Industries. The terms of the settlement weren’t released.

The Kotharis’ 2-year-old son Harry died in December 2010. His death was one of 11 reported to federal authorities as possibly being linked to  products made by Triad, which denies that its swabs and wipes hurt anyone, according to the Journal Sentinel.

Triad still has about 10 lawsuits pending against it, according to the Milwaukee newspaper.

After the Food and Drug Administration discovered that some batches of alcohol swabs and wipes were contaminated, Triad and H&P voluntarily recalled them in January 2011, the Journal Sentinel reported. Some of the swabs had Bacillus cereus, the same bacteria that killed Harry Kothari.

 

 

Johnson & Johnson Fined $1.2 Billion Over Marketing Of Risperdal

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Posted on 14th April 2012 by gjohnson in Uncategorized

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Johnson & Johnson is taking a hit to its wallet over its antipsychotic drug Risperdal:  A judge last week fined the pharmaceutical giant $1.2 billion for misleading patients and doctors about the dangers of the drug.

http://www.nytimes.com/2012/04/12/business/drug-giant-is-fined-1-2-billion-in-arkansas.html

The judge’s verdict was in Arkansas, and it ranks “among the largest on record for a state fraud case involving a drug company,” according to The New York Times. And it is just the latest in a series of legal hits Johnson & Johnson has taken regarding its marketing of Risperdal.

In the latest case, Arkansas Circuit Court Judge Tim Fox fined Johnson & Johnson $1.19 billion for roughly 240,000 violations of the state’s  Medicaid law, The Times reported. There was also a fine of $11 million for violating the Arkansas deceptive practices act.

In January Johnson & Johnson unit Janssen Pharmaceuticals settled a similar case in Texas for $158 million, according to The Times. And in South Carolina, a judge fined Janssen $327 million, while a Louisiana jury awarded roughly $258 million in damages.

According to The Times, Janssen issued a statement in response to the Arkansas ruling, saying it would ask for a new trial or appeal.

“The state did not show that any Arkansas patient was ever harmed by using Risperdal,” Janssen said.

Johnson & Johnson has been accused of  hiding the dangerous side effects of  using Risperdal, which is approved to treat schizophrenia, bipolar disorder and autistic children. Its risks include an increased risk of diabetes and stroke, as well as weight gain.

 

 

Tennessee ER Doctors Don’t Need Special Protection From Malpractice Suits

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Posted on 1st April 2012 by gjohnson in Uncategorized

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In Tennessee, emergency room doctors may soon be given extra protection from malpractice suits, legislation that doesn’t leaves physicians culpable enough for their actions and mistakes.

Under the pending legislation, a patient in Tennessee would have to meet a pretty high test, proving gross negligence by a doctor in an ER, in order to bring a successful malpractice case, according to a recent story in the Johnson City Press.

http://www.johnsoncitypress.com/Opinion/article.php?id=99061

The bill’s sponsors are two Republicans, Rep. Glen Casada and Sen. John Jackson, and they have trotted out the usual justification for this type of malpractice legislation: That it will put a damper of frivolous lawsuits and therefore help keep health care costs down.

Opponents of the bill, who I agree with, include the Tennessee Association for Justice. In the Johnson City Press, the president of the association, Keith Williams, maintains that under the proposed law, if you went to an ER with chest pains and were diagnosed with bronchitis — but then went home and died of a heart attack — your survivors would have no legal recourse.

As the the Association for Justice points out, ER doctors are already protected from frivolous malpractice suits in Tennessee. As the law stands now,  if ER doctors provide care “that is consistent with standards set by their peers” they would not be liable in a malpractice case, Johnson City Press reported.

Opponents of the pending Tennessee legislation are also disturbed, rightfully so, that the bill also provides extra protection to surgeons whose patients are admitted through the ER.

Even though an estimated 98,000 people die in Tennessee each year due to medical errors, the state seems to be bending over backwards to help doctors, not patients.

As the Johnson City Press pointed out, last year Tennessee legislators passed a law that limits non-economic damages, including pain and suffering, at $750,000 for medical malpractice cases. Punitive damages were capped at $500,000.

At first blush, $750,000 might sound like a lot of money. But if your spouse, or parent, or child died because of a doctor’s negligence, you wouldn’t think that $750,000 is enough for a life.

State lawmakers have already given the Tennessee medical community too much protection. They should not dole out any more breaks to doctors.