Court Rules for FDA Against Informed Consent Changes
The DC District Court has ruled in FDA’s favor to dismiss a suit by the Center for Responsible Science (CRS) that sought new warnings on informed consent documents used in clinical trials. The lawsuit asked the court to force the agency to grant a CRS 6/2014 citizen petition on improved protections for human subjects in such studies. The petition asked that “FDA ensure every prospective trial participant receives the information necessary to evaluate the real risks posed by the drug trials in which they may participate so they can make an informed decision on whether or not to take part.”
According to a CRS statement at the time the lawsuit was filed, participants need to understand that the drugs they are being given have been tested largely in animal models, which are acknowledged by FDA to sometimes be unreliable predictors of human response, especially for new biologics coming to market. “Indeed,” the advocacy group said, “preclinical evaluation of human risk in animal experiments for biologics can be difficult, and sometimes impossible due to species-specific reactions, which can expose human subjects to unexpected, potentially catastrophic effects.”
FDA issued an interim response to the petition in 2014, saying it involved “complex issues requiring extensive review and analysis by agency officials,” CRS said. “However, even with the more than 150 clinical trial participant treatment-related deaths since CRS filed the petition, FDA recently provided just a brief response denying it. FDA’s response demonstrates that the agency has undertaken little, if any, review or analysis and has failed to address the serious concerns presented in the petition.”
While the court granted FDA’s request to dismiss the lawsuit based on plaintiffs’ lack of standing, it did give CRS 30 days to file an amended complaint.