Saturday, March 14, 2009

BIG PHARMA BOSSES MUST BE TRIED FOR CRIMES AGAINST HUMANITY, AND PSYCHIATRY MUST BE IMMEDIATELY OUTLAWED. THEY CANNOT BE REFORMED
by Justice lover

The author of the following AHRP report is very impressed by the article below written by Dr. William Haseltine which calls for"Radical restructuring, not merger mania, is the need of our time." I am not impressed, and neither should be the readers, because without prosecuting Big Pharma bosses for their crimes against humanity, the Big Pharma rackets will still go on, not matter what "Radical restructuring" would take place. However, until then any Big Pharma merger must be opposed and outlawed, of course.





ALLIANCE FOR HUMAN RESEARCH PROTECTION
Promoting Openness, Full Disclosure, and Accountability
http://www.ahrp.org/ and http://ahrp.blogspot.com/

FYI

Below, one of the most insightful pithy analysis that I have read aboutwhat's wrong with the pharmaceutical industry and the current destructivedriving force behind drug development and drug approval. The article waswritten by Dr. William Haseltine and is published in The Atlantic, calls for"Radical restructuring, not merger mania, is the need of our time."

Dr. Haseltine, founder and former CEO of Human Genome Sciences, and former professor at Harvard Medical School, is not pharma basher, but rather a clear headed scientist who understands the essential flaw that has derailed the drug development process from fulfilling medical needs to bottom-line,marketing agendas:"most clinical trials are designed to optimize sales, not to optimize the chance that a new drug will be approved for its most effective, if limited,use."

"The results of this strategy are evident. Fewer than one in 100 new ideas reach clinical trials, and fewer than 10 percent of these are approved forsale."Dr. Haseltine notes that:* the current mergers of so many drug companies "reflects the failure ofeach company to discover and develop its own replacement pipeline."* despite the fact that the past 20 years have been a golden age forbiomedical research, there has been a decline in productivity of thepharmaceutical industry."

I believe that it is not a failure of science but rather the context inwhich such science is practiced. The process of drug development is long andarduous, and throughout the entire process, a candidate is continuallyevaluated for market potential. At large companies, products that are technically promising are terminated if the marketing potential is thoughtto be too small. And the height of that market hurdle has risen as theprofits of the large companies have grown.

Today, programs that are thought to have an annual sales potential of less than $1 billion are usually stopped in their tracks. Some companies have abandoned their work in entire areas of medicine, such as antibiotics, because they believe the markets are too small to make a difference to their total sales."This emphasis on the bottom line even influences the way clinical trial sare designed. Companies are in a position to choose how each new drug is deployed, and drugs that are approved for limited use have limited marketpotential. Therefore, most clinical trials are designed to optimize sales,not to optimize the chance that a new drug will be approved for its most effective, if limited, use."

"The results of this strategy are evident. Fewer than one in 100 new ideasreach clinical trials, and fewer than 10 percent of these are approved forsale."The solution is clear: research and development of new drugs should beseparated from marketing organizations."In summary, the current wave of mega-mergers does not solve but ratherexacerbates the deeper problems of the pharmaceutical industry. Despite theindustry's appetite, its emptying product supply will never be filledwithout a reliable research-and-development engine. Radical restructuring,not merger mania, is the need of our time."

Contact:

Vera Hassner Sharav
veracare@ahrp.org
212-595-8974

http://business.theatlantic.com/2009/03/why_big_pharma_mergers_magnify_failures.php
Atlantic Blog
Mar 11 2009
Why big pharma mergers magnify failures
by William Haseltine

This week, Merck announced a $41 billion offer for Schering-Plough. Lastmonth Pfizer agreed to purchase Wyeth for $68 billion. Roche is negotiating to buy the part of Genentech it does not already own. Rumors of other impending mega-deals swirl. I believe that this current wave of mergers reveals a disease at the heart of the pharmaceutical industry.The fact that so many companies are now merging reflects the failure of each company to discover and develop its own replacement pipeline. To maintain growth, a pharmaceutical company must either produce enough new products to replace those that have gone off-patent or acquire rights to distribute drugs created by others. This is clearly not happening on a large enoughscale.

A small number of patented drugs, each with annual sales of $1 to $5billion, accounts for most of the profits of the large pharmaceutical companies, and these profits are vanishing as the patents expire. Meanwhile,the number of new drugs approved for sale annually has steadily decreased over the past 15 years.What has gone wrong? Are today's unsolved medical problems more difficult than those of previous generations? Are regulatory barriers higher? Such is the common wisdom. However, my 30 years of experience as a consultant, and as the founder and CEO of several biotechnology companies, suggests adifferent primary problem: the marketing-driven demands of the global giants.

Consider the following paradox: despite the declining productivity of the pharmaceutical industry, the past 20 years have been a golden age for biomedical research. We have decoded the entire human genome as well as those of most of the viruses, bacteria, and parasites that have plagued us for centuries. Our ability to understand the differences between normal and disease states has increased exponentially. New opportunities to treat hitherto intractable diseases such as Alzheimer's, cancer, and heart diseaseabound. Advances in imaging permit us to detect diseases that were previously hidden, often at a stage early enough for life-saving intervention.

Computer models have given us powerful new tools for linking biological causes, disease effects, and probable consequences of specifictreatments, while computer-driven robots allow us to sort though librariesof new drug candidates at a vastly accelerated rate. In fact, the research departments of each large pharmaceutical company produce hundreds of ideas for new drugs each year. Why, then, the slowdown in bringing these drugs tomarket?I believe that it is not a failure of science but rather the context inwhich such science is practiced.

The process of drug development is long and arduous, and throughout the entire process, a candidate is continuallyevaluated for market potential. At large companies, products that aretechnically promising are terminated if the marketing potential is thoughtto be too small. And the height of that market hurdle has risen as theprofits of the large companies have grown.

Today, programs that are thought to have an annual sales potential of less than $1 billion are usuallystopped in their tracks. Some companies have abandoned their work in entireareas of medicine, such as antibiotics, because they believe the markets aretoo small to make a difference to their total sales.This emphasis on the bottom line even influences the way clinical trials aredesigned. Companies are in a position to choose how each new drug isdeployed, and drugs that are approved for limited use have limited market potential. Therefore, most clinical trials are designed to optimize sales,not to optimize the chance that a new drug will be approved for its most effective, if limited, use.

The results of this strategy are evident. Fewer than one in 100 new ideas reach clinical trials, and fewer than 10 percent of these are approved forsale. In the meantime, 10 to 12 years have typically elapsed betweendiscovery and approval, consuming half the twenty-year patent life of eachdrug candidate. And when drugs are approved, problems often arise in the quest for ever-larger markets. In worst-case scenarios, the side-effects ofapproved drugs--perhaps tolerable in small treatment populations--areinappropriately minimized as the product is brought to mass markets.

In onesuch instance, the drug Vioxx, approved as painkiller rather than atreatment for a smaller group of aspirin-intolerant patient, had to bewithdrawn five years after it was approved by the FDA.Mergers will not solve any of these underlying problems. In fact, as thesize of the companies increase, the long-term problems will become worse.Many large companies have looked to biotechnology for solutions. For years,the hope has been these new companies would produce enough new drugs to meetboth their own needs and those of the large of the pharmaceutical companies.

But despite such obvious success stories such as Genentech, Amgen, Biogen,and Gilead, recent history has proven otherwise. Most biotech companies lackthe management expertise and capital required to bring new drugs to market.At some stage, they hand over development and marketing to establishedorganizations that then apply the same market-driven selection criteria tothe biotech products as they do their own. New drug candidates that don'tmeet the market requirements are terminated.

The solution is clear: research and development of new drugs should be separated from marketing organizations. The cost of drug development must also be dramatically reduced. The electronics and computer industries haves hown us how this can be done: new products are initially invented anddeveloped by small companies that provide innovation and judgment.

These small companies in turn establish well-defined, process-based contracts with service companies. Once developed, the products are then sold by globalmarketing organizations.It is time to do the same for the early stages of drug development. During the past decade, more and more process-based companies--mostly located inEastern Europe, India, and the Far East--have arisen to provide specializedservices for each step of the drug-development and clinical-trials process.

At the same time, a new generation of biotechnology companies has arisen to provide the innovative science and judgment necessary to guide productdevelopment. Their semi-virtual design processes may allow many more drugs,each developed for its optimal use, to reach the market. Once approved, some of these new drugs may even become blockbusters--the initial salesprojections for most of today's best-selling drugs were small, and bytoday's standards, most would have never made it to the market. In summary, the current wave of mega-mergers does not solve but rather exacerbates the deeper problems of the pharmaceutical industry. Despite the industry's appetite, its emptying product supply will never be filled without a reliable research-and-development engine. Radical restructuring,not merger mania, is the need of our time.

Monday, March 9, 2009

"Eli Lilly and the Case for the Corporate Death Penalty"


ALLIANCE FOR HUMAN RESEARCH PROTECTION
Promoting Openness, Full Disclosure, and Accountability
http://www.ahrp.org/ and http://ahrp.blogspot.com/

FYI

Bruce E. Levine, Ph.D., a clinical psychologist and author of "Surviving America's Depression Epidemic: How to Find Morale, Energy, and Community ina World Gone Crazy" (2007), makes the case that Eli Lilly's documented,egregious corporate practices pose "a public menace." And that under existing law, the company's record of recidivist corporate criminal behavior more than meets the standard for revoking its charter to do business.

Indeed, In March, 2005, the Federal Trade Commission shut down three consumer debt companies accused of violating the Do-Not-Call-Registry and cheating poor customers out of $100 million by promising debt relief that didn't work and instead worsening their personal debts -- in many casesforcing them to file for bankruptcy.

The FTC's ex parte temporary restraining order issued in August 2004, which forced the companies into receivership "for the purpose of taking the necessary steps to wind down the businesses of the Corporate Defendants, liquidate their assets," and use any net assets to pay over $11 million in fines to be used to compensate the victims.http://www.corporatepolicy.org/issues/crime.htm

The Center for Corporate Policy recommends: "The corporate death penalty maybe appropriate in cases involving recidivist violators, corporations thatare deemed to be incapable of reform (i.e. inherently criminogenic), or companies whose crimes are considered to be a serious breach of the public trust. The corporation can be forced to go out of business by forced revocation of its business licenses or charter (i.e. articles of incorporation).
http://www.corporatepolicy.org/issues/crime.htm

In 1890 the highest court in New York State did just that: it revoked the charter of the North River Sugar Refining Corporation in this unanimous decision: "The judgment sought against the defendant is one of corporate death ... the defendant corporation has violated its charter, and failed in the performance of its corporate duties, and that in respects so materialand important as to justify a judgment of dissolution."

Lilly's criminal marketing of the antipsychotic, Zyprexa, was acknowledged by Eli Lilly when the company pled guilty to criminal marketing of Zyprexa on Jan. 15, 2009, settling the case for $1.4 billion, the largest criminal fine ever imposed on a corporation--until Pfizer was fined $2.3 billion,less than two weeks later, for its illegal marketing of the pain killer,Bextra.http://scienceblogs.com/neuronculture/2009/01/pfizer_takes_23b_bextra_charge.php
But Lilly's criminal marketing of a toxic drug that triggers obesity,diabetes, and other life-shortening biological dysfunction, is but thelatest example of Eli Lilly corrupt practices. Among these:1982: Lilly's anti-inflammatory drug Oraflex was taken off the market afterthree months when a U.S. Justice Department investigation linked Oraflex tothe deaths of more than one hundred patients, and concluded that Lilly hadmisled the FDA.

Lilly was charged with 25 criminal counts related to mislabeling side effects and pleaded guilty.1991 Lilly stacked the FDA advisory panel to prevent a Prozac label warning about the risk of induced violence and suicides--a warning that was included in the German label.The most cinematic of all Lilly scandals began in 1989 and culminated in 1997. One month after Joseph Wesbecker began taking Lilly's antidepressantProzac, he opened fire with his AK-47 at his former place of employment in Louisville, Kentucky, killing eight people and wounding twelve before taking his own life.

Victims of Joseph Wesbecker sued Lilly, claiming that Prozac had pushed Wesbecker over the edge. The trial took place in 1994 but received little attention as America was obsessed at the time by the O.J.Simpson spectacle. Lilly had been quietly settling many Prozac violence suits while publicly claiming the drug was not involved.

To keep the evidence of Lilly's misconduct in the marketing of Oraflex out of the Wesbecker jury's hearing, Lilly cut a secret deal with victims'attorneys, paying them millions of dollars not to introduce the Oraflexevidence. The jury's verdict of "not guilty" was quietly overturned in 1997to "settled" after a three year investigation initiated by the judge in thecase.

Several books have been written about Lilly's corrupt marketing practices that catapulted Prozac beyond the boundaries of medicine: British journalist John Cornwell covered the 1994 trial for the London Sunday Times Magazine,ultimately wrote a book about it: "The Power to Harm" (1997) which is about Lilly's power to corrupt a judicial system.

Two other books about the sordid saga: "Prozac Backlash" by psychiatrist Joseph Glenmullen (2000); "Let Them Eat Prozac" by psychiatrist, David Healy, MD, (2004)2002: soon after George W. Bush signed the Homeland Security Act, BobHerbert, New York Times columnist, discovered that: "Buried in this massivebill, snuck into it in the dark of night by persons unknown . . . was a provision that - incredibly - will protect Eli Lilly and a few other big pharmaceutical outfits from lawsuits by parents who believe their children were harmed by thimerosal."

2002: Lilly sales representatives in Florida gained access to patient information records, and, unsolicited, mailed out free samples of ProzacWeekly. Prozac is a controlled drug requiring a physician's prescription.It is a crime to distribute prescription drugs without a physician'sprescription.2003: Lilly-Medicaid-Zyprexa scandal erupted when Kentucky attempted toexclude Zyprexa -- its single largest drug expense -- from its list ofpreferred medications.

Lilly recruited the National Alliance for theMentally Ill (NAMI), to lobby against excluding Zyprexa. Lilly bankrolledthe NAMI "consumer" lobbying campaign to prevent Kentucky Medicaid cost-saving effort. --including full-page ads in newspapers, faxes to stateofficials, and bussing protesters to the hearings. What NAMI did not say atthe time was that the full page newspaper ads, the faxes to state officials and the buses that brought NAMI protesters to the hearings, were paid for byLilly.

[Note]2005: Eli Lilly pled guilty to a criminal count for the illegal marketing of Evista for off-label uses, and paid $36 million.The public's right to revoke corporate charters is recognized by the courts,but state attorneys general today rarely exercise this option. Dr. Levine cites Loyola Law School Professor Robert Benson, who in 1998 petitioned California's attorney general to revoke the corporate charter of Union Oil of California (Unocal), who noted that state attorneys general "don't hesitate to draw this particular arrow from their quivers when the target is some small, unpopular or socially marginal enterprise." But when it comes to egregious large multinationals, Benson concludes, "They don't even want you to know about it because they don't want to appear to be soft on corporatecrime."

When Eliot Spitzer was campaigning for New York Attorney General (1998) he declared: "when a corporation is convicted of repeated felonies that harm or endanger the lives of human beings or destroy our environment, the corporation should be put to death, its corporate existence ended, and its assets taken and sold at public auction."

The record, however, confirms Professor Benson's observation: "In March,2005, the FTC shut down three consumer debt companies accused of violating the Do-Not-Call-Registry and cheating poor customers out of $100 million by promising debt relief that didn't work and instead worsening their personal debts -- in many cases forcing them to file for bankruptcy."

The reason giant corporations are shielded from the "corporate death penalty"--or even lesser, but meaningful punishment--such as prison terms--is their entrenched political relationships.The major media has refrained from reporting the long-standing close ties between the Bush family and Eli Lilly, but the evidence is indisputable:Sidney Taurel, former Lilly CEO was a George W. Bush appointee to the Homeland Security Advisory Council--which helps explain the "dark of night"provision of immunity...

However he is not the only Bush family-Lilly connection. George Herbert Walker Bush once sat on the Eli Lilly board of directors, as did Ken Lay, a Bush crony who served as Enron chief until he was convicted of fraud before his death. And Mitch Daniels, George W. Bush's first-term Director of Management and Budget, had actually been a Lilly vice president who, in 1991, had co-chaired a Bush-Quayle fundraiser that collected $600,000. This is the same Mitch Daniels who is now governor of Indiana, Lilly's home state."

"If Americans want to take on Lilly, they might want to do it during a timewhen the Bush family is out of power."Note: NAMI's posturing as a "grass-roots" organization notwithstanding, asMother Jones documented (1999), and Eli Lilly's recent disclosure documentsshow, NAMI is a Pharma front organization bankrolled by Lilly and the otherpsychotropic drug manufacturers.http://www.motherjones.com/politics/1999/11/prozacorg]

Contact: Vera Hassner Sharav
http://mail.google.com/mail/h/evthzs13k1rw/?v=b&cs=wh&to=veracare@ahrp.org

212-595-8974