Ex-FDA Court Expert Witness Challenged
The New Jersey federal court hearing the Proton-Pump Inhibitor Products Liability Litigation is considering a challenge to a former FDAer who was to appear as an expert witness. Attorney James Beck (Reed Smith) writes in a Drug & Device Law post that the witness was challenged under a federal conflict of interest statute. He says that may be the first time the law has been used to challenge an ex-FDA witness.
Beck says the witness was described as a former CDER Division of Nonprescription Clinical Evaluation director and team leader who had been intimately involved with proton-pump inhibitors and FDA’s approval of the drug in question for over-the-counter use. “It wasn’t exactly the same drug but it was close,” Beck writes, describing it as “the OTC version of a prescription drug at issue in the litigation.”
The post says the issue is yet to be resolved. Because FDA’s position on the question was not known, the court said the agency should be contacted and postponed a ruling on the motion to disqualify the witness pending hearing FDA’s position.