Why the FDA Can’t Protect the Public
Medical device makers often fail to properly conduct safety studies and the US Food and Drug Administration provides scant oversight.
By
Shannon Brownlee,
New America Foundation
and Jeanne Lenzer, medical investigative journalist
November 2010 | BMJ
In 1997, the US Food and Drug Administration's neurological devices panel met to consider approval of a vagus nerve stimulator (VNS). The manufacturer, Cyberonics, said it could prevent or reduce seizures in patients with partial onset epilepsy who did not respond to drug treatment. The device consists of a generator the size of a matchbox that is implanted under the skin below the patient's clavicle. Lead wires from the generator are tunnelled up to the patient's neck and wrapped around the left vagus nerve at the carotid sheath, where it delivers electrical impulses to the nerve lasting about 30 seconds every 3-5 minutes.
Getting approval
Representatives from Cyberonics offered no definitive explanation during the FDA meeting of how the device stopped or reduced seizures, but they had three studies, E03, E04, and E05, to show its safety and efficacy.
Two of the studies, E03 and E05, involved 313 patients with treatment resistant partial seizures randomised to high or low dose stimulation. The low stimulation arm was intended to avoid the problem of an unblinded placebo arm because all patients would be implanted and told they were receiving stimulation. The studies did not include a medical treatment arm for comparison, leaving unanswered the question of whether either treatment arm was superior to existing care.
Researchers reported that 25% of patients in the high stimulation arms of the trials achieved the primary end point: a 50% reduction in seizure frequency from baseline. However, 20% of patients in the high stimulation arm had more seizures.1
Concerns about safety
The safety of the device hinged on the cause of death among 17 patients of the 1000 implanted with the device worldwide. The device had been approved in Europe and Australia before approval in the US. The most common cause of death among young epileptics is sudden unexpected death from epilepsy (SUDEP), a poorly understood complication that is thought to be related to cardiac or respiratory arrest that sometimes occurs shortly after a seizure. SUDEP is reported most often among younger patients and those with poorly controlled seizures.2 3 The company told FDA panellists that the deaths were from SUDEP or other causes unrelated to its product.1 However, one panellist, Steven Piantadosi, professor of oncology and biostatistics and a clinical trial methodologist at Johns Hopkins, expressed concerns, saying, "I'm still a little worried about the death rates that we are seeing."
In the data provided by Cyberonics, patients implanted with the device had a SUDEP rate of 7.3/1000. Dr Piantadosi asked, "Should we be concerned by that?"
In response to Dr Piantadosi's questions, Ann Costello, an FDA reviewer, cited one epidemiological study that showed an even higher SUDEP rate, 9.3/1000, among treatment resistant patients about to have brain surgery to treat their severe seizures.4 W Allen Hauser, a member of Cyberonics' scientific advisory board, also responded to Dr Piantadosi's concerns, saying, "I don't think that the sudden death is an issue specific to the device. It's a specific issue in terms of people with bad epilepsy."
Conditions of approval
Dr Piantadosi continued to express concern about the SUDEP rate, but the advisory panel nonetheless voted unanimously to approve the vagus nerve stimulator for patients with treatment resistant partial seizures. The FDA made the approval conditional: Cyberonics would have to conduct a post-approval study to examine the safety of the device and it would have to report promptly all serious adverse reactions to the agency.5
In the 13 years since the device was approved in the US, more than 900 deaths have been reported to the FDA, and it is still not clear what impact, if any, the device has had on patient mortality. Although Cyberonics conducted post-approval studies, none of the studies submitted to the FDA included mortality data. The FDA did not specifically require Cyberonics to submit mortality data as part of the follow up study, merely to "characterize morbidity and mortality." According to a spokesman for Cyberonics, the company did collect mortality data from the Social Security Death Index, but they have not published the results and they declined to show the data to the BMJ. The FDA told the BMJ that it has not requested further studies concerning mortality.
Problems with post-approval surveillance
The FDA's failure to request and rigorously monitor mortality data related to the VNS is but one example of the gap in post-approval surveillance of medical devices. Most devices and drugs on the market are supported by studies that are underpowered to detect rare but potentially life threatening events that can kill tens of thousands of people if the drug or device is widely used.6 The impracticality of conducting large scale clinical trials before approval for every drug and device places a burden on post-approval surveillance.
This burden is especially important for devices because they are less likely than drugs to be supported by clinical studies before use. Less than one third of devices approved under FDA's premarket approval process had been evaluated in a randomised study, according to a review of 78 high risk cardiovascular devices approved by the FDA from 2000 to 2007.7 Just 5% were supported by two or more blinded, randomised studies. Most of the outcomes measured, according to the FDA study, were surrogate markers.
To monitor safety of devices, the FDA relies on reports of harms associated with devices once they have been approved. According to the agency, the most "comprehensive source of information about the safety and effectiveness" of devices as they are used in everyday circumstances is its Manufacturer and User Facility Device Experience (MAUDE) database.8 However, the data contained in the database does not constitute a comprehensive record of the numbers of adverse events or exposures, and thus can only pick up "signals" of possible safety problems that could be used to trigger more definitive investigation (box). Of course, these signals can be picked up only if someone is monitoring the data. An FDA taskforce on device regulation concluded in August, however, that "challenges" in "current data sources . . . make it difficult to . . . effectively obtain complete information about the risks and benefits of regulated products."9
Medical device makers often fail to properly conduct safety studies and the US Food and Drug Administration provides scant oversight.
By
Shannon Brownlee,
New America Foundation
and Jeanne Lenzer, medical investigative journalist
November 2010 | BMJ
In 1997, the US Food and Drug Administration's neurological devices panel met to consider approval of a vagus nerve stimulator (VNS). The manufacturer, Cyberonics, said it could prevent or reduce seizures in patients with partial onset epilepsy who did not respond to drug treatment. The device consists of a generator the size of a matchbox that is implanted under the skin below the patient's clavicle. Lead wires from the generator are tunnelled up to the patient's neck and wrapped around the left vagus nerve at the carotid sheath, where it delivers electrical impulses to the nerve lasting about 30 seconds every 3-5 minutes.
Getting approval
Representatives from Cyberonics offered no definitive explanation during the FDA meeting of how the device stopped or reduced seizures, but they had three studies, E03, E04, and E05, to show its safety and efficacy.
Two of the studies, E03 and E05, involved 313 patients with treatment resistant partial seizures randomised to high or low dose stimulation. The low stimulation arm was intended to avoid the problem of an unblinded placebo arm because all patients would be implanted and told they were receiving stimulation. The studies did not include a medical treatment arm for comparison, leaving unanswered the question of whether either treatment arm was superior to existing care.
Researchers reported that 25% of patients in the high stimulation arms of the trials achieved the primary end point: a 50% reduction in seizure frequency from baseline. However, 20% of patients in the high stimulation arm had more seizures.1
Concerns about safety
The safety of the device hinged on the cause of death among 17 patients of the 1000 implanted with the device worldwide. The device had been approved in Europe and Australia before approval in the US. The most common cause of death among young epileptics is sudden unexpected death from epilepsy (SUDEP), a poorly understood complication that is thought to be related to cardiac or respiratory arrest that sometimes occurs shortly after a seizure. SUDEP is reported most often among younger patients and those with poorly controlled seizures.2 3 The company told FDA panellists that the deaths were from SUDEP or other causes unrelated to its product.1 However, one panellist, Steven Piantadosi, professor of oncology and biostatistics and a clinical trial methodologist at Johns Hopkins, expressed concerns, saying, "I'm still a little worried about the death rates that we are seeing."
In the data provided by Cyberonics, patients implanted with the device had a SUDEP rate of 7.3/1000. Dr Piantadosi asked, "Should we be concerned by that?"
In response to Dr Piantadosi's questions, Ann Costello, an FDA reviewer, cited one epidemiological study that showed an even higher SUDEP rate, 9.3/1000, among treatment resistant patients about to have brain surgery to treat their severe seizures.4 W Allen Hauser, a member of Cyberonics' scientific advisory board, also responded to Dr Piantadosi's concerns, saying, "I don't think that the sudden death is an issue specific to the device. It's a specific issue in terms of people with bad epilepsy."
Conditions of approval
Dr Piantadosi continued to express concern about the SUDEP rate, but the advisory panel nonetheless voted unanimously to approve the vagus nerve stimulator for patients with treatment resistant partial seizures. The FDA made the approval conditional: Cyberonics would have to conduct a post-approval study to examine the safety of the device and it would have to report promptly all serious adverse reactions to the agency.5
In the 13 years since the device was approved in the US, more than 900 deaths have been reported to the FDA, and it is still not clear what impact, if any, the device has had on patient mortality. Although Cyberonics conducted post-approval studies, none of the studies submitted to the FDA included mortality data. The FDA did not specifically require Cyberonics to submit mortality data as part of the follow up study, merely to "characterize morbidity and mortality." According to a spokesman for Cyberonics, the company did collect mortality data from the Social Security Death Index, but they have not published the results and they declined to show the data to the BMJ. The FDA told the BMJ that it has not requested further studies concerning mortality.
Problems with post-approval surveillance
The FDA's failure to request and rigorously monitor mortality data related to the VNS is but one example of the gap in post-approval surveillance of medical devices. Most devices and drugs on the market are supported by studies that are underpowered to detect rare but potentially life threatening events that can kill tens of thousands of people if the drug or device is widely used.6 The impracticality of conducting large scale clinical trials before approval for every drug and device places a burden on post-approval surveillance.
This burden is especially important for devices because they are less likely than drugs to be supported by clinical studies before use. Less than one third of devices approved under FDA's premarket approval process had been evaluated in a randomised study, according to a review of 78 high risk cardiovascular devices approved by the FDA from 2000 to 2007.7 Just 5% were supported by two or more blinded, randomised studies. Most of the outcomes measured, according to the FDA study, were surrogate markers.
To monitor safety of devices, the FDA relies on reports of harms associated with devices once they have been approved. According to the agency, the most "comprehensive source of information about the safety and effectiveness" of devices as they are used in everyday circumstances is its Manufacturer and User Facility Device Experience (MAUDE) database.8 However, the data contained in the database does not constitute a comprehensive record of the numbers of adverse events or exposures, and thus can only pick up "signals" of possible safety problems that could be used to trigger more definitive investigation (box). Of course, these signals can be picked up only if someone is monitoring the data. An FDA taskforce on device regulation concluded in August, however, that "challenges" in "current data sources . . . make it difficult to . . . effectively obtain complete information about the risks and benefits of regulated products."9
Last edited: