Date: Thu, 13 Jun 2002 09:31:03
-0400
Subject: When Money Corrupts Medicine - Deaths Occur
ALLIANCE FOR HUMAN RESEARCH PROTECTION (AHRP)
www.researchprotection.org
Contact: Vera Hassner Sharav
FYI
The Boston Globe reported that the family of Roger Darke who died in
a gene
therapy experiment conducted by the late Dr. Jeffrey Isner, has filed
a
lawsuit against his estate and the hospital at which the experiment
was
conducted. The investigator was considered a "rainmaker" by
the research
hospital. But the subjects didn't know about the financial interests
of the
chief researcher and the hospital.
"As lay people we assume doctors in research are doing this
for the betterment of mankind," said Susan Darke. "But in
this case
there were billions of dollars that could have been made. That was something
I felt we had a right to know."
The family claims Mr. Drake was used by Dr. Isner as "a guinea
pig to amass
great wealth for himself."
To gain insight and a perspective on the scope of the abuse and the
calamitous consequences for patients when their doctors have significant
financial conflicts of interest, see, a riveting SPECIAL REPORT on this
week's Redflaggs Weekly:
http://www.redflagsweekly.com/new_frontiers/2002_june08.html
(summary below)
part one:
FRAUDULENT CONDUCT THAT TAKES LIVES: WHY CRIMINAL PROSECUTION OF MEDICAL
RESEARCHERS WITH FINANCIAL CONFLICTS, WHO FABRICATE SAFETY DATA, HAS
BECOME
AN ESSENTIAL COMPONENT OF REGAINING THE INTEGRITY OF DEVICE AND DRUG
RESEARCH IN THE UNITED STATES
By James J. Neal, Copyright 2002
"Giant corporations are locked in a life and death struggle to
provide one
of a kind instrumentation with which a given operation "must"
be done."
Editor, Michael Baggish M.D., Journal of Gynecologic Surgery.
"Rare is the disinterested researcher. It is a phenomenon found
in every
medical treatment using devices." "If you can't trust
the studies, what
happens to the profession and what happens to patients." John Wasson,
M.D.,
Dartmouth, New York Times.
"We've lost our way. We've terribly, terribly lost our
way. Science has been
lost in the rush for money." Steven Nissen, M.D., Cleveland Clinic,
New York
Times.
"Organs punctured include bile ducts, bowel, small intestine, liver
and
arteries and veins. Data shows high morbidity." Pennsylvania Medical
Society, comments on "hi tech" surgical devices.
Summary: In recent years, surgical instrument companies working through
surgeons with concealed equity interests in devices, have created new
procedures, to promote the sale of equipment. Corporations have created
demand for new surgical procedures "through massive advertising
campaigns to
convince the public of [their] necessity." Rutkow, IRA, The Socioeconomic
Tyranny of Surgical Technology. Archives of Surgery. Leading surgical
researchers, with equity interests have fabricated surgical research
to
demonstrate the safety and efficacy of new procedures with device costs
of
$2,000-$5,000 per operation. One sales rep described his companies'
philosophy as "dollars per procedure." Although the device
industry has
generated tens of billions of dollars in revenue using these tactics,
serious surgical morbidity from many new device dependent operations
has
multiplied. Treating MD's and patients need law enforcement's
assistance in
deterring fabricated research data published by research surgeons with
concealed equity interests in expensive medical devices, and new drugs.
The
question raised in this analysis is whether fraudulent medical research
is
taking lives, and if so, how many.
~~~~~~~~~~~~~~~~
WRONGFUL-DEATH SUIT ASSERTS GENE THERAPY FACTS WITHHELD
Boston Globe
Saturday, May 18, 2002
By: Alice Dembner, Globe Staff
Page: B1
The widow of a man who died while participating in a nationally debated
gene therapy experiment at St. Elizabeth's Medical Center in Brighton
has filed a wrongful death suit against the hospital, three of its doctors,
and the companies that funded the experiment.
The Suffolk Superior Court suit, apparently the first against the hospital
arising from its gene therapy experiments, alleges that study leader
Dr. Jeffrey Isner used Roger Darke of Peabody as "a guinea pig
to amass great wealth for himself."
Isner died of a heart attack
seven months ago just as the hospital was preparing to expand its gene
therapy experiments. Darke was 59 and suffering from severe heart disease
when he agreed to participate in Isner's study. He died in May 1999
only hours
after a gene was injected into his heart to promote growth of new blood
vessels. In the suit, Susan Darke says that her husband would never
have agreed to the surgery had he known that another participant had
died a few months earlier and that Isner and the hospital had a financial
stake in the study's outcome. The suit argues that Roger Darke, an electrical
engineer, could instead have been treated with a repeat of the bypass
surgery he'd had in 1993. "As lay people we assume doctors in research
are doing this
for the betterment of mankind," said Susan Darke. "But in
this case there were billions of dollars that could have been made.
That was something I felt we had a right to know."
Isner, chief of cardiovascular research, had joined with the hospital
and two companies to form Vascular Genetics in 1997 to support his gene
therapy research. The suit says Isner or his heirs own 20 percent of
the company, the hospital owns another 20 percent, Cato Holdings Co.
of Durham, N.C., owns 40 percent, and Human Genome Sciences Inc. of
Rockville, Md., owns 20 percent. Previously, hospital officials said
their share
was actually less than 10 percent and Isner's was well below 20 percent.
The suit names Vascular Genetics, Cato Holdings, and a related company,
Cato Research, as defendants. Officials at Vascular Genetics and Cato
Holdings did not respond to requests for comment. Sonya Hagopian, a
spokeswoman for St. Elizabeth's, said, "The medical center is confident
that all appropriate procedures were followed with respect to Mr. Darke."
Previously, Isner and officials of the hospital and Vascular
Genetics had insisted that gene therapy did not cause the death of Darke
or of
the other patient, Mary E. Lucier of Milford. Isner said the stress
of
surgery might have contributed to their deaths, but that the patients'
underlying illnesses were the root cause.
Although the Food and Drug Administration shut down Isner's
studies in February 2000, saying he failed to report Lucier's death
to the
hospital's safety committee and endangered others by improperly enrolling
them in
the study, neither the FDA nor other regulators faulted him for the
patients' deaths. Other patients have credited Isner with saving or
enriching
their lives.
Isner and the hospital have also maintained that their
financial interest did not bias their research, but they eventually
agreed to disclose that interest to study participants. Last year,
they
got permission to resume gene therapy experiments and a $10 million
federal grant to help fund them.
Darke said she doesn't oppose all gene therapy research, but
wants to send researchers the message that it's not right to withhold
important information from research participants. "We all want
cures, we
all
want people to get well, but I don't want any other family to go through
what we did."
In the suit, she also alleges that Isner and two of his
colleagues "traded upon the Darkes' anxiety about Mr. Darke's illness
and
the all
too human desire for a miracle cure" in getting them to agree to
the
study.
After her husband's death, she says, the doctors tried to "spin
the evidence to create the impression that the death was caused by
chronic heart failure."
She also alleges that the gene injected, a vascular endothelial
growth factor, was defective or "unreasonably dangerous."
While the suit asks for unspecified financial damages, a cover
sheet filed at the court lists $10 million.
CAPTION:
PHOTO
1. Susan Darke (left) lost her husband, Roger, during a gene
therapy
experiment and is filing a wrongful death suit.
2. Dr. Jeffrey Isner (right) was leader of the experiment at
St.
Elizabeth's Medical Center in Brighton.
Copyright (c) 2002, Globe Newspaper Company
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