Las Vegas Sun

June 4, 2012

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Sun Editorial:

Political pressure alleged

FDA says senators, representatives inserted themselves in approval process

Monday, Sept. 28, 2009 | 2:06 a.m.

The Food and Drug Administration, which has been under new management since Inauguration Day, is saying that an approval overseen by its former commissioner was influenced by political pressure.

In a conference call with reporters last week, the FDA’s principal deputy commissioner, Dr. Joshua Sharfstein, said a device for repairing worn-out knees was approved only after extreme pressure was brought by four members of New Jersey’s congressional delegation.

“The message here is that there were problems with the integrity of the FDA’s decision-making process,” Sharfstein said Thursday.

The agency, according to The New York Times, wrote in a report that scientific reviewers on its staff repeatedly and unanimously rejected Menaflex, the knee-repair device. It is manufactured by ReGen Biologics Inc., a New Jersey company. The reviewers found that the device often failed.

Beginning in December 2007, the FDA began receiving calls and letters in reference to the device from Democratic Sens. Robert Menendez and Frank Lautenberg and Democratic Reps. Frank Pallone Jr. and Steven Rothman.

Subsequently, according to an agency manager who helped write the report, then-FDA Commissioner Andrew C. von Eschenbach demanded “not only an expedited process but also an outcome in favor of ReGen.”

Although the approval is being reconsidered, the senators and representatives, along with von Eschenbach, have said they acted properly.

The report, however, makes the case that political pressure led to the approval of a device rejected as unsafe by scientific reviewers. If true, that would be more than improper — it would be outrageous.

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