Saturday, November 10, 2012

Meningitis: Pace of Outbreak Slows


The number of people afflicted in the continuing fungal meningitis outbreak continues to climb – reaching 438 cases in 19 states -- but the pace is slowing, judging by numbers reported by the CDC on Friday.
Since the last report Wednesday, 15 new cases have been reported, as well as an additional death, bringing that total to 32.
Most of the new cases and the new fatality occurred in Michigan, the state hardest hit by the outbreak.
In contrast, the Wednesday-to-Friday increase a month ago – Oct. 10 to 12 – was 48 cases, according to the agency's records.
The slowdown was predictable – the infections are linked to a contaminated steroid that was recalled Sept. 26 and people infected are not contagious. But officials have said extended vigilancewill be needed because the incubation period for the disease is unclear.
In a similar but much smaller outbreak in 2002, the last patient to become ill developed symptoms 152 days after being given a contaminated steroid, according to the Morbidity and Mortality Weekly Report account of the events.
In the first report on a large number of patients, published this week, the median time from the last dose of steroid to the onset of symptoms was 18 days, with a range from 0 to 56.
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The Compounding Pharmacy Debacle

NOVEMBER 9, 2012 | POSTED BY BRUCE WHITE, PHD


Almost everyone now must have heard about the New England Compounding Pharmacy tragedy that has been unfolding over the past month. The Centers for Disease Control and Prevention in Atlanta (CDC) numbers the present death toll at 28 and total reported cases at 377 from 19 states. Untold thousands of patients may have been injected with contaminated medicines. The New York Times has called this situation “one of the worst public health drug disasters since the 1930s.” 
Already there are more calls for stricter regulations and controls for compounded medicines that enter interstate commerce. The New York Times reported on November 2, 2012, that Representative Edward J. Markey (D-Mass.) will be introducing a bill to oversee compounding pharmacies with wide-scale operations be regulated as “manufacturers” by the Food and Drug Administration (FDA). Calls for greater regulation of compounding pharmacies are not new; the FDA has been attempting greater control for at least the last 20 years.
However, the real question remains: would federal oversight have made any difference? Some may think that federal government regulation rather than state government regulation may have prevented this unfortunate episode. Federal oversight – to the amazement of some – may have made little difference. There are certainly not enough FDA inspectors at the present time to make periodic visits to the registered manufacturers facilities. Moreover, if this situation turns on ordinary negligence – someone or some persons at the pharmacy failing to meet the standard of care – the number of applicable regulations will have made little difference, right? Really, isn’t it common sense that a “sterile product” be sterile and free of bacterial or fungal contamination? If a purported sterile product – whether manufactured or compounded – is not sterile, the medicine is failing to meet labeled standards, period.
Moreover, federal regulations – if crafted for compounding pharmacies specifically – would probably not be that dissimilar from what is now prescribed by state boards of pharmacy. State regulation can be just as extensive and rigorous as federal regulation, in some cases far more strict.
Perhaps the question then is not whether or not the federal versus the state regulators may do a “better” job of enforcing clear standards?   Continue reading here

Friday, November 9, 2012

Case Count: 438* States: 19* Deaths: 32*


K-V Not Done Fighting for Makena®'s Orphan Drug Rights Over Compounding Pharmacies

K-V Not Done Fighting for Makena®'s Orphan Drug Rights Over Compounding Pharmacies

FDA and Public Citizen: Bad Blood Brewing


Bad blood is brewing between the Food and Drug Administration (FDA) and Public Citizen.
Last month, Public Citizen called on the Department of Health and Human Services (HHS) Office of Inspector General to open an independent investigation into how the Food and Drug Administration (FDA) failed to use its established regulatory authority to protect the public from the dangerous practice of large-scale drug compounding that led to the widening fungal meningitis outbreak caused by tainted steroid injections.
So far, 409 people have been diagnosed with meningitis and other infections associated with the injections – and 30 of these had died.
Public Citizen condemned the FDA for making misleading statements to the public – particular claiming to lack “clear authority to take action earlier against” the New England Compounding Center (NECC), the company that produced large quantities of the contaminated steroid drug linked to the ongoing meningitis outbreak.
The Washington Post quoted Deputy FDA Commissioner for Global Regulatory Operations and Policy Deborah M. Autor as saying it was “really unfortunate that it sometimes takes a tragedy” to bring about change and calling for a “new regulatory scheme that appropriately controls the risk.”
“This attempt by one of the most senior figures within the FDA to deflect criticism for FDA failures that contributed to the meningitis outbreak is deeply troubling,” said Dr. Michael Carome, deputy director of Public Citizen’s Health Research Group. “The claims by agency officials that the FDA lacks authority to properly regulate compounding pharmacies is contradicted by a long history of remarkably consistent statements and enforcement actions asserting the agency’s legal authority over such pharmacies.”
Prior warning letters from the FDA to several compounding pharmacies over the past decade, including one to the NECC in 2006, indicate that the agency considered these pharmacies to be engaged in drug manufacturing.
The pharmacies were considered by the FDA to be subject to the safety and effectiveness standards required for approval of new drugs, as well as the rigorous manufacturing standards designed to ensure that drugs are sterile and uncontaminated with such germs as bacteria or fungi before being sold and distributed, Carome said.
“Given its attempts to dodge responsibility in this matter, the FDA is clearly incapable of conducting an objective evaluation of its own policy, oversight, and enforcement decisions, which no doubt contributed to this ongoing preventable tragedy,” Carome said. “An independent investigation must be conducted and should identify all agency officials whose actions and decisions contributed to the FDA’s failure to prevent this public health catastrophe.”
This week, Public Citizen again attacked a high ranking FDA official.
This time it was Dr. Janet Woodcock, director of the FDA’s Center for Drug Evaluation and Research.
What ticked off Public Citizen this time was an FDA statement expressing concern about an announcement by Ameridose that the company had voluntarily recalled all of its products after FDA inspectors found deficiencies in the company’s testing process for ensuring that its products were sterile.
Ameridose is owned by the some of the same people who own and operated the NECC.
The FDA expressed concern that this recall will worsen existing shortages of sterile injectable drugs.

Compounding the Problem Could a meningitis outbreak have been prevented?


By Ed Silverman, Contributing Editor

Published November 9, 2012              
The scandal over the meningitis outbreak linked to a compounding pharmacy in New England was a fiasco waiting to happen. There really is no other way to view the tragedy. For years, the compounding industry — and it is an industry — included companies that were doing much more than using an old-fashioned mortar and pestle to quickly mix a needed medication for an individual patient. In this case, patients are dying from fungal infections after receiving contaminated steroid injections.

Now, of course, we know that the New England Compounding Center (NECC) had gradually transformed itself into a multi-state operator that was selling large quantities of compounded medicines around the country — and did this on a regular basis. Yet a lack of sufficient oversight, compounded (pun intended) by regulatory confusion, allowed the outbreak to occur.

How many deaths will be attributed to this episode remains to be seen. But the scandal has focused attention on compounding in a way that is long overdue. Granted, compounding serves an important purpose — compounding pharmacies provide medicines for individual patients with special needs and prepare drugs that are not available commercially. This is a legitimate service.

Unfortunately, there is sufficient blame to go around for what has happened. For starters, regulators say NECC failed to take sufficient precaution to prevent the contamination that has been linked to the outbreak. It’s not that other compounders have avoided mistakes or negligence over the years, but this sort of outcome does not occur every day.

While it can be difficult, at the very least, to prevent a single manufacturer from allowing its products to become contaminated — federal and state regulators do have limited resources — more could have been done to raise the odds against a tragedy from taking place. And the blame can also be shared by the FDA, Massachusetts health officials, Congressional lawmakers and compounders.

For instance, one of the 11 members of the Massachusetts Board of Registration in Pharmacy, who is a former president of the state agency, is also an executive at Ameridose, another pharmacy owned by the same folks who own NECC. The two companies insist that separate operations have always been maintained, but Ameridose is now closed.

Obviously concerned about the perception, the state’s Department of Public Health, which oversees the pharmacy board, insisted that board member Sophia Pasedis “recused herself from all matters” concerning the two pharmacies dating back to her appointment. She was first appointed in 2004 and was re-appointed in 2009, according to published reports.

The pharmacy board, by the way, ¬inspected NECC last year, but reportedly did not find any problems, although another complaint made in March about the potency of eye medications is under investigation. Her dual roles do not prove anything untoward occurred, but this is an embarrassment for state regulators, who should never have allowed Ms. Pasedis to occupy both positions simultaneously.


Three members of Congress, seeking a hearing by the House Energy and Commerce Committee, wrote, “What state laws governed NECCs activities? Did the Massachusetts Board of Registration of Pharmacy know NECC was manufacturing and shipping the steroid in such large quantities? If so, did the Board take any actions to prevent ECC from doing so? If not, why not? Are there state laws — in Massachusetts or in other states where NECC was licensed — that prohibit this practice?”

Then there is the FDA, which maintains it has been hamstrung by court rulings. For instance, in 2002, the U.S. Supreme Court struck down a portion of a law that prohibited compounders from advertising their products under free speech concerns. As a result, the FDA decided to defer to states to oversee compounding pharmacies in most cases. However, the FDA has often indicated it would pursue enforcement actions, such as safety concerns or when the equivalent of mass production takes place.

A 2008 court ruling confused the issue, saying the earlier ruling applied only to the advertising portion of the law. But Peter Bart Hutt, who was FDA chief counsel in the 1970s, called the conflicting decisions irrelevant and argued the federal government still has oversight under a 1938 law that would have allowed the FDA to shut down the NECC. “The FDA should have put them out of business, and the state should have put them out of business. Neither of them did their job,” he told one newspaper.

Yet other experts say the reading of the law and the court rulings has never really been clear. Kevin Outterson, an associate professor of law at Boston University, maintained that Congress should have stepped in to clarify the situation by passing legislation that would have stipulated FDA authority and responsibilities. Instead, a lack of Congressional action over the years has meant the “FDA hasn’t exactly been given clear regulatory authority in this area,” he said.

Perhaps this may have played out differently if an effort that began in 2007 to clarify FDA authority had come to fruition. A version of draft legislation circulated by two U.S. Senators suggested giving the FDA the power to inspect all retail pharmacies that make or dispense compounded drugs, and also would have required compounded medicines to get the same sort of pre-market approval as generic drugs, sometimes even requiring clinical trials, The Wall Street Journal reported.

The legislation, which would have also restricted distribution of compounded medications across state lines, drew a swift response from the compounding industry over fears that the bill went too far and could greatly choke off revenue. The International Academy of Compounding Pharmacists, which spent $260,000 in lobbying that year, also complained that state boards already possessed sufficient oversight authority.

Meanwhile, Public Citizen Health Research Group last month maintained that the FDA was aware as far back as 2006 that the NECC was engaged in large-scale manufacturing “that went well beyond the traditional narrow role of a compounding pharmacy, yet the agency failed to implement follow-up measures that could have prevented the current outbreak.”

How so? That year, the agency sent a warning letter to NEEC that, among other things, cited concerns about marketing anesthetic creams and potential microbial contamination associated with splitting and repackaging the Avastin cancer medication, which some ophthalmologists use to treat wet age-related macular degeneration. In light of a six-year-old warning, the watchdog accused the agency of failing to exercise its responsibility.

In what can only be described as a bit of understatement, Rep. Rosa DeLauro (D-CT) summed up the situation in a statement issued the day after the FDA descended on NECC offices in mid-October by saying, “A regulatory morass has led to (24) deaths and hundreds more sickened. The federal government has the responsibility to ensure this failed patchwork of regulations is corrected. Congress must act to ensure this does not happen again.”

In an ironic footnote, KV Pharmaceutical is seizing on the controversy by reminding anyone who will listen that it was complaining for more than year about the quality of some compounded versions of its Makena treatment for premature births, as well as active pharmaceutical ingredients used to make them. Among the products recalled by NECC is hydroxyprogesterone caproate, or 17P, which is a compounded version of Makena.

Alexander includes Tennessee health authorities in upcoming Senate hearing on meningitis outbreak


U.S. Sen. Lamar Alexander is inviting numerous health officials from Tennessee to submit testimony Nov. 15 to a Senate hearing looking into oversight of a Massachusetts pharmacy firm blamed as the source of contaminated injections that have killed at least 13 Tennesseans.
The Senate Health, Education, Labor and Pensions Committee's hearing will focus on "Pharmacy Compounding: Implications in the 2012 Meningitis Outbreak." The Tennessee Republican sits on the committee and will take part in the hearing, according to a news release today from Alexander's office.
Alexander said in the release that state health authorities can help members of Congress address the problem so it doesn't happen again.
Among those being invited to submit testimony, according to Alexander's office, are the Tennessee Department of Health, the Tennessee Board of Pharmacy, the Tennessee Pharmacists Association, Tennessee Medical Association and the Tennessee Hospital Association, and the Tennessee Board of Medical Examiners.

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Shouldn't all State Boards of Pharmacy and Maybe Even State Veterinary and Medical Boards Have Compounding Pharmacy Working Groups or Advisory Committees?

The following notice appears on the North Carolina State Board of Pharmacy:


COMPOUNDING PHARMACY WORKING GROUP. The Board decided at its October meeting to put together a small working group to review all aspects of North Carolina regulation of compounding pharmacy and to make a report and recommendation. North Carolina pharmacists with an interest in participating should communicate that interest to Jay Campbell, the Board’s Executive Director, by Friday, November 2. The Board will select the members shortly afterward.

I am wondering how many states had compounding pharmacy working groups or advisory committees before the meningitis outbreak.  How many have recently put together such groups or committees or plan to do so?  It would be a great idea if all state boards of pharmacy and perhaps even state veterinary and medical boards also established compounding pharmacy working groups or committees.   This would be another sign that states are being proactive in this area and want to retain jurisdiction over compounding regulations.

Who should be appointed to these working groups and committees?  Obviously, experts who know about compounding and the compounding world need to be appointed.  Pharmacy Boards are typically made up of pharmacists so an expert compounding pharmacist should be on the working group or committee.  This does not mean that all members should be pharmacists.  Nor does this mean that the pharmacists should represent or work for a special interest group or have a conflict of interest as we saw on the Massachusetts State Board of Pharmacy.  How about having a physician and  a veterinarian who will know how the medications are used, what they are used for, etc. One of the most important people to include may be a marketing consultant or pharmaceutical rep (one both on the human side and one on the vet side).  However, you will want to make sure this person knows the trenches, what really goes on in the compounding world, and truly understands the legalities of compounding because there are some that clearly don't .  Should the committee or group also include a member from the general public? an attorney?  Who else should the committee or group include or not include?

Three Duke health system facilities tied to meningitis scare

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Why Heartworm Preventive Sales Should Not Go Over the Counter

Why Heartworm Preventive Sales Should Not Go Over the Counter