‘Preventable Deaths’ Due to FDA: Analysis

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A Goldwater Institute investigative report, “Studied to Death: FDA Overcaution Brings Deadly Consequences,” says the result of an FDA fear that regulators might miss something and be subject to congressional and media criticism is “more preventable deaths and more diseases that go untreated because of a regulatory system that emphasizes caution over innovation and statistical certainty over getting new and effective treatments to patients as quickly as possible.” The report quotes former drug company executive Joseph Gulfo as saying that agency leaders have taken it upon themselves to change the requirements for drug approvals, demanding more studies, more tests, and more time.

Instead of having to prove a new treatment is safe for its intended use, the report says, FDA now reviews drugs based on how they might be used by doctors to treat individual patients, effectively substituting the judgment of agency regulators for that of practicing medical professionals.

“FDA is the lightning rod when anything goes wrong with an approved drug,” Gulfo says. “So the easiest thing to do is to then look for more and more proof that the drug is wonderful, to require higher and higher standards, and longer and longer trials. What that does is dissuade innovation.”

The report says one encouraging sign that change is coming is the passage of the so-called Right to Try legislation that was signed in May by President Trump. (The bill was long championed by the Goldwater Institute.)

Next steps toward change, the report says, could be some sort of conditional approval program in which once the safety of a drug is established in early clinical trials and it shows great promise of being effective, it could be conditionally approved for marketing and used to treat patients. The patients would be intensely monitored for any safety issues and to gauge the drug’s effectiveness.

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