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One would think that with all of Amgen's lawyers -- they sent eight to
the Kentucky hearing alone --  they could come up with a waiver form that
would protect the company from future law suits.
There are no guarantees-- how many drugs that went through clinical
trials and were deemed to be safe - turned out not to be so? Or were
taken off the market due to safety concerns and later returned, because
the risk - benefit ratio weighed in favor of the benefits of the drug?

And there is disagreement among the trial doctors about the validity of
the safety issues that Amgen cites.
Dr. Hutchinson of NYU states :

... two enduring myths continue to surface.

First, that the double-blind trial of GDNF was "negative." It was not.
While it is correct to say that it failed to meet its preset endpoints,
nevertheless, unlike the tissue transplant study, there was a strong
signal suggestive of drug efficacy, which is why Amgen continued to
prepare for a proper phase III study even after announcing the phase II
results.

Second, that there continue to be "safety issues," specifically regarding
the antibodies and the cerebellar lesions seen in four monkeys. There is
now overwhelming evidence that the lesions were caused not by direct
toxicity, but by abrupt withdrawal from very high concentrations of GDNF.
Regarding the antibodies, these occur with the injection of just about
any protein, and were expected in this study. Life-threatening
complications are extremely rare. Indeed, we have it on good authority
that senior officials at Amgen, who were in a position to speak
authoritatively on this topic, did not consider them at all problematic."
http://www.alzforum.org/new/detail.asp?id=1221

Linda


K. F. Etzold wrote:

There is another side to this:  A drug company has to be very careful of
how it makes experimental
Drugs  available. Let us say they would agree to make GDNF available to
PD patients because
they felt it was the right thing to do. Let us also assume that the
company would require a waiver
from the patients. Sounds good so far. But now, after several months
severe side effects show up
and some of the patients decide to sue the company, just as they are
suing now, but in the opposite
direction.  It is likely that the patients would win the suit despite
the waivers.
This would be an unacceptable risk for the company, which is probably
why they are taking such a hard line. Especially since there appears to
be reason to be cautious
based on  the test evidence (which may not be complete). But the courts
would certainly look at that
and conclude that the company was reckless, and that the patients
deserve monetary compensation.
It would also reflect badly on the public image of the company.

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