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	<title>Comments on: FDA Fails To Pursue Off-Label Violations: Report</title>
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	<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/</link>
	<description>News, Comment and Conversation</description>
	<pubDate>Fri, 10 Feb 2012 20:55:30 +0000</pubDate>
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		<title>By: SP 2</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368313</link>
		<dc:creator>SP 2</dc:creator>
		<pubDate>Thu, 31 Jul 2008 21:20:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368313</guid>
		<description>This is such good news for Big Pharma!  No wonder it's so easy to get away with this stuff.  The marketeers and salesgeeks will be on a rampage!  Full speed ahead!</description>
		<content:encoded><![CDATA[<p>This is such good news for Big Pharma!  No wonder it&#8217;s so easy to get away with this stuff.  The marketeers and salesgeeks will be on a rampage!  Full speed ahead!</p>
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		<title>By: M Helm, MD</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368210</link>
		<dc:creator>M Helm, MD</dc:creator>
		<pubDate>Wed, 30 Jul 2008 23:14:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368210</guid>
		<description>For HR, Atlex and HCat - 

The way I learned that motto (back in the late 80's early 90's PhRMA days):  "(Sometimes) It is better to ask forgivness than permission."

Obviously the "sometimes" was considered optional, but there is a more than semantic difference between the two versions (Better vs. Easier).

Atlex, if you are lucky enough to work for one of the few PhRMA companies that has not engaged in some outrageously unethical if not frankly illegal promotional scheme, then more power to you.  However, if you work with the marketing team, then you know that the PR process as Hack described is not only plausible, but also probable.

I could never prove it, but I believed with all my heart that Pfizer's brand teams must have included at least one lawyer each.  The purpose of the lawyer was to rapidly bring suit against any competitor for any possible complaint which might distract the competitor from actually getting out and selling against them. It never seemed to matter if the complaint was valid, just so long as it involved Federal Court. 

In my current job, I see a lot of stuff that wouldn't pass the smell test.  How about drug reps calling to obtain prior authorizations for medications with patient information?  How about a rep telling a patient and their physician in the doctor's office how to defraud their own company's "free trial" program?  How about companies targeting physicians who treat only children for detailing on a drug which has no studies or approval for children?  How about comparative effectiveness and safety claims when the only published information is placebo comparisons?  How about corportate-sponsored "patient protection" state level legislation written explicitly to dimish the ability of public and private payors to implement utilization controls which would actually help to ensure safe and effective use consistent with labeling?

Ethical lapses in pursuit of using meds for "unapproved uses" are not only an industry problem either.  HCat would appreciate that there are significant numbers of doctor's office personnel who will flat out lie to get a PA.  This has a name - insurance fraud, and where I am, it is a class D felony.

My preference for PAs involves no forms, but rather, a real time review of medication claims/use history with or without a diagnosis and procedure history.  Makes it very hard to lie, and can provide useful information on other medication use and adherence to the clinician.  By the way, Hcat, the PA reviewers I work with are all PharmDs - typically more qualified and knowledgeable about the meds than the people making the requests.</description>
		<content:encoded><![CDATA[<p>For HR, Atlex and HCat - </p>
<p>The way I learned that motto (back in the late 80&#8217;s early 90&#8217;s PhRMA days):  &#8220;(Sometimes) It is better to ask forgivness than permission.&#8221;</p>
<p>Obviously the &#8220;sometimes&#8221; was considered optional, but there is a more than semantic difference between the two versions (Better vs. Easier).</p>
<p>Atlex, if you are lucky enough to work for one of the few PhRMA companies that has not engaged in some outrageously unethical if not frankly illegal promotional scheme, then more power to you.  However, if you work with the marketing team, then you know that the PR process as Hack described is not only plausible, but also probable.</p>
<p>I could never prove it, but I believed with all my heart that Pfizer&#8217;s brand teams must have included at least one lawyer each.  The purpose of the lawyer was to rapidly bring suit against any competitor for any possible complaint which might distract the competitor from actually getting out and selling against them. It never seemed to matter if the complaint was valid, just so long as it involved Federal Court. </p>
<p>In my current job, I see a lot of stuff that wouldn&#8217;t pass the smell test.  How about drug reps calling to obtain prior authorizations for medications with patient information?  How about a rep telling a patient and their physician in the doctor&#8217;s office how to defraud their own company&#8217;s &#8220;free trial&#8221; program?  How about companies targeting physicians who treat only children for detailing on a drug which has no studies or approval for children?  How about comparative effectiveness and safety claims when the only published information is placebo comparisons?  How about corportate-sponsored &#8220;patient protection&#8221; state level legislation written explicitly to dimish the ability of public and private payors to implement utilization controls which would actually help to ensure safe and effective use consistent with labeling?</p>
<p>Ethical lapses in pursuit of using meds for &#8220;unapproved uses&#8221; are not only an industry problem either.  HCat would appreciate that there are significant numbers of doctor&#8217;s office personnel who will flat out lie to get a PA.  This has a name - insurance fraud, and where I am, it is a class D felony.</p>
<p>My preference for PAs involves no forms, but rather, a real time review of medication claims/use history with or without a diagnosis and procedure history.  Makes it very hard to lie, and can provide useful information on other medication use and adherence to the clinician.  By the way, Hcat, the PA reviewers I work with are all PharmDs - typically more qualified and knowledgeable about the meds than the people making the requests.</p>
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		<title>By: Hypocrisy rules</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368191</link>
		<dc:creator>Hypocrisy rules</dc:creator>
		<pubDate>Wed, 30 Jul 2008 18:41:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368191</guid>
		<description>re paragraph from DOJ: Of course it was widespread, coordinated effort. This only proves what was said before that misconduct by BigPharma is PART of their daily routine and doing busness.
Now they ,BP are always ready to have an explanation. In this case they did not say;
"We did not know it was illegal, judge" but said they were "concerned....". Of course what happened they simply went ahead with it hoping they would not get caught as many times before. Once caught, their PR and lawyers take over and try to get away with as small punishement as possible.
Another motto they use"It is easier to apologise than ask for permission". This time it did not work. However that does not mean this Co will stop it. They will find and design other ways much harder to uncover, they'll hope.</description>
		<content:encoded><![CDATA[<p>re paragraph from DOJ: Of course it was widespread, coordinated effort. This only proves what was said before that misconduct by BigPharma is PART of their daily routine and doing busness.<br />
Now they ,BP are always ready to have an explanation. In this case they did not say;<br />
&#8220;We did not know it was illegal, judge&#8221; but said they were &#8220;concerned&#8230;.&#8221;. Of course what happened they simply went ahead with it hoping they would not get caught as many times before. Once caught, their PR and lawyers take over and try to get away with as small punishement as possible.<br />
Another motto they use&#8221;It is easier to apologise than ask for permission&#8221;. This time it did not work. However that does not mean this Co will stop it. They will find and design other ways much harder to uncover, they&#8217;ll hope.</p>
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		<title>By: Justice in MI</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368143</link>
		<dc:creator>Justice in MI</dc:creator>
		<pubDate>Wed, 30 Jul 2008 05:04:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368143</guid>
		<description>This is the relevant paragraph from the Department of Justice write-up of its civil and criminal prosecution of Warner Lambert over off-label Neurontin promotion:

"These tactics were part of a widespread, coordinated national effort to implement an off-label marketing plan. At the same time, Warner-Lambert decided not to seek FDA approval for any of the new uses because it was concerned that approval for any of the non-epilepsy uses would allow generic competitors of Neurontin, which was expected to go off-patent soon, to compete with a "son of Neurontin" drug that Warner-Lambert hoped to have approved by the FDA for both epilepsy and non-epilepsy uses."

"Son of Neurontin" = Lyrica.</description>
		<content:encoded><![CDATA[<p>This is the relevant paragraph from the Department of Justice write-up of its civil and criminal prosecution of Warner Lambert over off-label Neurontin promotion:</p>
<p>&#8220;These tactics were part of a widespread, coordinated national effort to implement an off-label marketing plan. At the same time, Warner-Lambert decided not to seek FDA approval for any of the new uses because it was concerned that approval for any of the non-epilepsy uses would allow generic competitors of Neurontin, which was expected to go off-patent soon, to compete with a &#8220;son of Neurontin&#8221; drug that Warner-Lambert hoped to have approved by the FDA for both epilepsy and non-epilepsy uses.&#8221;</p>
<p>&#8220;Son of Neurontin&#8221; = Lyrica.</p>
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		<title>By: The Crime</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368127</link>
		<dc:creator>The Crime</dc:creator>
		<pubDate>Tue, 29 Jul 2008 23:46:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368127</guid>
		<description>Why don't those who do the crime do the time?  Second degree murder and manslaughter are crimes.  Intentionally hiding lethal side effects, making up and pushing off label use, both of which result in death, should not go unpunished.  Paying back the feds some of their costs or giving piddling settlements to families whose hearts are crushed by the loss of a family member due to some pharm drug does not justice make.

Why doesn't this happen?  Every day I think of Syd Taurel in chains.</description>
		<content:encoded><![CDATA[<p>Why don&#8217;t those who do the crime do the time?  Second degree murder and manslaughter are crimes.  Intentionally hiding lethal side effects, making up and pushing off label use, both of which result in death, should not go unpunished.  Paying back the feds some of their costs or giving piddling settlements to families whose hearts are crushed by the loss of a family member due to some pharm drug does not justice make.</p>
<p>Why doesn&#8217;t this happen?  Every day I think of Syd Taurel in chains.</p>
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		<title>By: Hypocrisy rules</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368110</link>
		<dc:creator>Hypocrisy rules</dc:creator>
		<pubDate>Tue, 29 Jul 2008 21:43:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368110</guid>
		<description>Practicing doc is absolutely right. He should know. He  sees the reps/snake-oil-salesmen coming in and doing their stuff. They come in with fake detail aids, fake studies (written up by paid for docs and printed up to look like real thing)and even home made sales aids to make those offlabel, fales claims. If the doctors believe them fine if not fine again.
The bottom line, enough doctors "buy" these fake claims to Rx the fake-promoted drug for non-indication, so the bigpharmafia makes huge, extra profits to wallow in.
The scary thing is that this is one of quite few of misconducts that bigpharmafia uses to get wht they thing they are entitled to. This misconduct is absolutely planned, deliberate, part of their MO and what is most scary, encouraged and approved by the very top of every bigpharma company.
Considering no bigpharma shot gets in any real trouble, this is a normal behavior. 
Remember the classic:"DON'T DO THE CRIME IF YOU CAN'T DO THE TIME".
The bigpharmafia's new classic goes like this;"DO THE CRIME, YOU WON'T DO THE TIME".</description>
		<content:encoded><![CDATA[<p>Practicing doc is absolutely right. He should know. He  sees the reps/snake-oil-salesmen coming in and doing their stuff. They come in with fake detail aids, fake studies (written up by paid for docs and printed up to look like real thing)and even home made sales aids to make those offlabel, fales claims. If the doctors believe them fine if not fine again.<br />
The bottom line, enough doctors &#8220;buy&#8221; these fake claims to Rx the fake-promoted drug for non-indication, so the bigpharmafia makes huge, extra profits to wallow in.<br />
The scary thing is that this is one of quite few of misconducts that bigpharmafia uses to get wht they thing they are entitled to. This misconduct is absolutely planned, deliberate, part of their MO and what is most scary, encouraged and approved by the very top of every bigpharma company.<br />
Considering no bigpharma shot gets in any real trouble, this is a normal behavior.<br />
Remember the classic:&#8221;DON&#8217;T DO THE CRIME IF YOU CAN&#8217;T DO THE TIME&#8221;.<br />
The bigpharmafia&#8217;s new classic goes like this;&#8221;DO THE CRIME, YOU WON&#8217;T DO THE TIME&#8221;.</p>
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		<title>By: Just A Thought</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368102</link>
		<dc:creator>Just A Thought</dc:creator>
		<pubDate>Tue, 29 Jul 2008 20:34:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368102</guid>
		<description>I have wondered about Lyrica vs Neurontin and how close they are in chemical make-up. Both being indicated for the same conditions and made by the same company. Maybe that's why folks have to jump through hoops to get Lyrica? Is it better than the gabapentin generics? I can see the insurer's questioning it.

I do appreciate you taking the time, HC.</description>
		<content:encoded><![CDATA[<p>I have wondered about Lyrica vs Neurontin and how close they are in chemical make-up. Both being indicated for the same conditions and made by the same company. Maybe that&#8217;s why folks have to jump through hoops to get Lyrica? Is it better than the gabapentin generics? I can see the insurer&#8217;s questioning it.</p>
<p>I do appreciate you taking the time, HC.</p>
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		<title>By: Justice in MI</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368085</link>
		<dc:creator>Justice in MI</dc:creator>
		<pubDate>Tue, 29 Jul 2008 17:13:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368085</guid>
		<description>Hi HC - I know nobody wants to rehash the neurontin saga, but - according to the DOJ summary -  WL/Pfizer deliberately did not seek approval of neurontin for a number of indications so that the anticipated Lyrica would be there to "fill the void" when patent expired.  So, if insurers are insisting on a trial with gabapentin, also irony in that.

I have no idea if fibro was one of the indications then anticipated for Lyrica and "by-passed" for Neurontin.</description>
		<content:encoded><![CDATA[<p>Hi HC - I know nobody wants to rehash the neurontin saga, but - according to the DOJ summary -  WL/Pfizer deliberately did not seek approval of neurontin for a number of indications so that the anticipated Lyrica would be there to &#8220;fill the void&#8221; when patent expired.  So, if insurers are insisting on a trial with gabapentin, also irony in that.</p>
<p>I have no idea if fibro was one of the indications then anticipated for Lyrica and &#8220;by-passed&#8221; for Neurontin.</p>
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		<title>By: Practicing Doc</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368078</link>
		<dc:creator>Practicing Doc</dc:creator>
		<pubDate>Tue, 29 Jul 2008 15:08:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368078</guid>
		<description>If the FDA did its job correctly, we wouldn't have to put up with all of the "snake-oil salesmen" from Big Pharma running into hospitals and offices pushing all this off-label stuff.  The greedy, money-driven, Big Pharma executives do this stuff because there's no real penalties.  They make money by the piles, pay a little fine, admit no wrongdoing, and laugh all the way to the bank. IMO, they're nothing but a bunch of unethical white-collar crooks sucking money from everywhere they can.</description>
		<content:encoded><![CDATA[<p>If the FDA did its job correctly, we wouldn&#8217;t have to put up with all of the &#8220;snake-oil salesmen&#8221; from Big Pharma running into hospitals and offices pushing all this off-label stuff.  The greedy, money-driven, Big Pharma executives do this stuff because there&#8217;s no real penalties.  They make money by the piles, pay a little fine, admit no wrongdoing, and laugh all the way to the bank. IMO, they&#8217;re nothing but a bunch of unethical white-collar crooks sucking money from everywhere they can.</p>
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		<title>By: HorusCat</title>
		<link>http://www.pharmalot.com/2008/07/fda-fails-to-pursue-off-label-violations-report/#comment-368068</link>
		<dc:creator>HorusCat</dc:creator>
		<pubDate>Tue, 29 Jul 2008 11:54:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.pharmalot.com/?p=14839#comment-368068</guid>
		<description>Just a Thought,
Some insurers are really picky about how the PA is filled out--for instance, making sure that at least 11 out of 18 tender points are marked as painful, even though there aren't even 18 listed on the PA form, so the nurse needs to mark "bilateral" where appropriate.

I know all this because I keep in touch with my old partners at Pfe, having a particular interest in fibro, because one of my friends had fibro way back in the 1980's,when no one was admitting it existed.</description>
		<content:encoded><![CDATA[<p>Just a Thought,<br />
Some insurers are really picky about how the PA is filled out&#8211;for instance, making sure that at least 11 out of 18 tender points are marked as painful, even though there aren&#8217;t even 18 listed on the PA form, so the nurse needs to mark &#8220;bilateral&#8221; where appropriate.</p>
<p>I know all this because I keep in touch with my old partners at Pfe, having a particular interest in fibro, because one of my friends had fibro way back in the 1980&#8217;s,when no one was admitting it existed.</p>
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