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FDA: Gene Therapy Rules Violated

By PAUL RECER
.c The Associated Press


WASHINGTON (AP) - The Food and Drug Administration says in a letter that a
University of Pennsylvania researcher violated safety regulations in a gene
therapy experiment in which a patient died.

In the stern warning letter, the FDA said that Dr. James M. Wilson of the
University of Pennsylvania ``violated regulations governing the proper
conduct of clinical studies'' in a series of gene therapy experiments
designed to correct a liver disease.

Wilson headed a gene therapy experimental study that was halted after the
death of 18-year-old Jesse Gelsinger of Tucson, Ariz. The teen-ager is the
first patient known to have died as a direct result of a gene therapy
experiment.

The teen-ager died last September just four days after he was injected with
the gene therapy drug. An autopsy report blamed his death on the effects of
the experiment.

In its letter on Friday, the FDA ordered Wilson and the University of
Pennsylvania's Institute for Human Gene Therapy to continue cessation of all
current human experimental drug trials and not to apply for new studies until
``corrective actions have been implemented.''

A warning letter is an FDA procedure that notifies a researcher or
institution of what the agency considers to be violations of federal law. It
means that unless the offending actions are corrected, the agency can take
some enforcement action without further notice. The warning letter said the
university had 15 days to report on steps it plans to correct the violations.

The University of Pennsylvania said in a statement that it takes the FDA
letter ``extremely seriously.''

The statement said the university had already answered many of the
allegations contained in the letter and was ``disappointed'' that the FDA
discounted or rejected those earlier responses.

Gelsinger was enrolled in an experiment designed to test whether new genes
could correct an inherited liver condition caused by a genetic flaw. In the
experiment, a virus modified to carry the corrective gene was infused
directly into the liver.

The 20-page letter sent to Wilson said than an inspection showed that the
University of Pennsylvania researchers failed to properly report serious
reactions experienced by patients who had the gene therapy before Gelsinger.

The letter also said the university failed to make a timely report about the
death of at least two lab monkeys in similar gene therapy experiments.

The warning letter accused the university of:

Failure to properly report changes in the experimental protocol. Among the
changes was elimination of a provision to stop the experiment if two patients
experienced serious liver toxicity. ``These protocol revisions reflect
significant changes that affect the safety of study subjects,'' the letter
said.

Failure to immediately notify or properly report serious adverse reactions in
four patients. An annual report by the university, the letter said,
``misrepresented the true nature of the toxicities experienced by these four
subjects.''

Enrollment of new patients in the experiments using higher doses despite
adverse reactions experienced by earlier patients at lower doses. ``Your
actions demonstrate a disregard for the protocol stopping rules you had
agreed to follow that were designed to protect the safety of study
subjects,'' the letter said.

Failure to properly report liver damage found in a laboratory monkey even
though the results suggested ``a significant risk for human subjects.''

Failure to revise informed consent documents for new patients after some
earlier patients had serious side effects. This meant, the letter said, that
some patients were not told ``new information about the possible risks of
participation.''

Failure to properly conduct the required laboratory tests on patients either
before or after the experiment. ``We conclude that the (institute) did not
exert due diligence to ensure that the follow-up tests were performed
according to the protocol,'' the letter said.

AP-NY-03-04-00 0348EST

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