FDA to Force Medical Device Manufacturer Pay for Violating Law

March 29, 2008

The U.S. and Drug Administration () today announced it is seeking a $2.2 million penalty against a California manufacturer for violations of federal law, including manufacturing standards violations and the failure to notify the of a change in an outside supplier or vendor, which may have exposed recipients of the devices to unnecessary .

The hearing aids pose a due to , exposing patients to the of device failure, possible surgery, and the potential for additional hearing loss.

The agency’s complaint, originally filed this past November and amended on March 17, seeks penalties against California medical device manufacturer Advanced Bionics, LLC and its president and co-CEO, Jeffrey H. Greiner.

The complaint alleges that Advanced Bionics shipped hearing aids to customers in the United States prior to filing appropriate supplemental information with the Agency, including a notice of changes made to the devices that affected their safety and effectiveness.

On July 7, 2003, Advanced Bionics received approval to market the HiRes90k Implantable Cochlear Stimulator, a surgically implanted under the skin behind the ear to treat in adults and . The is considered a Class III device by the —the most stringent regulatory category for devices.

The complaint alleges that the company failed to comply with the ’s current Good Manufacturing Practice (GMP) requirements for devices. GMP requires that companies manufacturing medical devices for sale in the United States establish and follow quality systems procedures to assure the safety and quality of their products.

Advanced Bionic’s alleged GMP violations include the failure to sufficiently evaluate and select a new vendor as the supplier of a critical device component and the failure to adequately validate the continued safety and effectiveness of the by testing lots under actual or simulated use when the unapproved vendor’s component was used.

The complaint also states that Advanced Bionics shipped hearing aids in violation of the law between January 2005 and July 2006. Two hearing aids shipped and implanted after a March 2006 recall contained the component from the unapproved vendor.

’s complaint states that the company’s failure to file the required supplement occurred after a 2001 inspection. At that time, the company was cited for similar failures and made commitments to correct the problems.

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Dietary Supplement Associated with Severe Adverse Reactions

March 28, 2008

The notified consumers of a recall of, and advised them not to purchase or consume, the products Total Body Formula in the flavors of Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor. The Florida Department of recently provided reports to the on 23 individuals who experienced serious reactions to these products seven to 10 days after ingestion. In all cases, the reactions included significant hair loss, , diarrhea, and . laboratories are analyzing samples of the products to identify the cause of the reactions. 

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Increased Cancer Risk Associated with Treatment for Diabetic Leg and Foot Ulcers

March 28, 2008

The is conducting a safety review based on study data suggesting there may be an increased of from in using (becaplermin) Gel, a skin product used to heal . While the review is ongoing, the recommends discuss the potential risks and benefits of using with their patients.

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Cantaloupe from Honduran Grower Tainted with Salmonella

March 24, 2008

The and Drug Administration () is advising consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from Agropecuaria Montelibano, a growing and packing company in Honduras. If so, consumers should throw away the cantaloupes.

Based on current information, fruit from this company appears to be associated with a Litchfield outbreak in the United States and Canada.

To date, has received reports of 50 illnesses in 16 states and nine illnesses in Canada linked to eating cantaloupes. The states are Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin. No deaths have been reported; however, 14 people have been hospitalized.
Symptoms of Foodborne Infection

Symptoms include nausea, vomiting, fever, diarrhea, and . In individuals with poor or weakened immune systems, can invade the bloodstream and cause life-threatening infections. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their care professional.
Tips for Consumers

To reduce the of getting or other from cantaloupes:

Buy cantaloupes that are not bruised or damaged. If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.

After purchase, refrigerate cantaloupes promptly.

Wash hands with hot, soapy before and after handling fresh cantaloupes.

Scrub whole cantaloupes by using a clean produce brush and cool tap immediately before eating. Don’t use soap or detergents.

Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot and soap between the preparation of raw meat, poultry, or seafood and the preparation of cantaloupe.

If there is a bruised or damaged area on a cantaloupe, cut away that area before eating.

Throw away any leftover cut cantaloupe if it’s left at room temperature for more than two hours.

Use a cooler with ice or use ice gel packs when transporting or storing cantaloupes outdoors.

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Biovail Settles with SEC. Three Executives Still under Investigation.

March 24, 2008

The U.S. said on Monday that Canada’s . will pay $10 million to settle fines stemming from a probe into . 

The SEC said current and former senior Biovail executives were obsessed with meeting quarterly and annual targets, and they overstated and hid losses to deceive investors.

The SEC complaint alleges that in October 2003, Biovail and some of its executives schemed to deceive investors by falsely attributing nearly half of Biovail’s failure to meet its third quarter forecast to a single truck accident.

The complaint also alleges that over several reporting periods in 2001 and 2002, Biovail improperly moved about $47 million in research and development expenses off its financial statements and on to the financial statements of a special purpose entity.

The SEC also claimed that Biovail intentionally misstated foreign exchange losses that caused its 2003 second quarter loss to be understated by about $3.9 million.

Despite the settlement, the drugmaker’s founder, Eugene Melnyk, and three other current and former executives still face charges.

In addition, Canada’s major securities regulator, the Ontario Securities Commission, said it has scheduled a hearing for April 22 on issues concerning Biovail.

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Dietary Supplements with Dangerous Ingredients

March 21, 2008

Palo Alto Labs and notified consumers and healthcare professionals of a voluntary nationwide recall of two , Aspire36 and Lite. The products were recalled because they were found to contain Aildenafil in trace amounts and Dimethyl thione, an analog of , a drug used to treat . The presence of these ingredients in the may pose a threat to consumers because the analogue may interact with nitrates found in some (such as nitroglycerin) and may lower blood pressure to dangerous levels. Consumers who have Aspire36 and Lite in their possession should stop using the products and return any unused product to the place of purchase.

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Bush’s Legacy

March 21, 2008

Stephanie Mencimer, Mother Jones

When it comes to notorious Bush political appointees, Daniel Troy’s name doesn’t usually make the top-10 list, overshadowed as he is by more high profile cronies such as FEMA’s Michael Brown. But for three years in the president’s first term, Troy served as the chief counsel to the and Drug Administration (), where he quietly advanced a legal revolution that is playing out in earnest in the U.S. Supreme Court this year. This revolution has the potential to affect the and safety of the nation’s citizens for years to come, all while making Troy a rich man. In fact, his career is an illustration of how the ’s revolving door has allowed industry lawyers to radically reshape to benefit the big businesses they once represented and then profit from those changes when they return to the private sector.

Learn More:  Mother Jones

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Graft use Associated with Increase Risk of Death

March 20, 2008

issued a Notification to inform healthcare professionals of an update to earlier safety information on this product. The notification re-emphasizes the need for continued surveillance of patients treated with endovascular , and provides updated information on the associated with the use of the AneuRx Stent Graft System to prevent abdominal aortic aneurysm rupture.

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Tamiflu associated with Changes in Behavior

March 20, 2008

Roche and informed healthcare professionals of neuropsychiatric events associated with the use of , in patients with .The label has been revised as follows: can be associated with a variety of neurologic and behavioral symptoms which can include events such as hallucinations, delirium, and , in some cases resulting in fatal outcomes. These events may occur in the setting of encephalitis or encephalopathy but can occur without obvious severe disease. There have been postmarketing reports (mostly from Japan) of delirium and leading to injury, and in some cases resulting in fatal outcomes, in patients with who were receiving . Because these events were reported voluntarily during clinical practice, estimates of frequency cannot be made but they appear to be uncommon based on usage data. These events were reported primarily among pediatric patients and often had an and rapid resolution. The contribution of to these events has not been established. Patients with should be closely monitored for signs of . If neuropsychiatric symptoms occur, the risks and benefits of continuing treatment should be evaluated for each patient.

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Spiriva HandiHaler Associated with Possible Increase in Stroke

March 20, 2008

and notified healthcare professionals that ongoing safety monitoring has identified a possible increased of in patients who take . This product contains tiotropium bromide and is used to treat bronchospasm associated with . reported to the that it has conducted an analysis of the safety data from 29 placebo controlled clinical studies (“pooled analysis”).  Based on data from these studies, the preliminary estimates of the of are 8 patients per 1000 patients treated for one year with , and 6 patients per 1000 patients treated for one year with placebo. This means that the estimated excess of any type of due to is 2 patients for each 1000 patients using over a one year period.

It is important to interpret these preliminary results with caution. is working with to further evaluate the potential association between and has not confirmed these analyses and while pooled analyses can provide early information about potential safety issues, these analyses have inherent limitations and uncertainty that require further investigation using other data sources. Patients should not stop taking before talking to their doctor, if they have questions about this new information.

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Prescription Drug Sales Growth Slows To Lowest Rate Since 1961

March 15, 2008

growth in the U.S. prescription drug market slowed to the lowest rate in 46 years in 2007 as more brand-name drugs lost their exclusivity to generics and new declined, according to a report issued Wednesday. came to $286.5 billion in 2007, up 3.8 percent, IMS said in its annual U.S. Pharmaceutical Market Performance Review. The rate of growth was the lowest since 1961, when increased by 3.3 percent.

In contrast, prescription drug grew by 8 percent in 2006.

Growth moderated beginning in 2001, but picked up in 2006 with the start of the federally subsidized prescription drug program for seniors, Norwalk-based IMS said. However, growth slowed again last year.

The