Former Bush administration officials have formed a
pharmaceutical industry guerilla group called the Center
for Medicine in the Public Interest (CMPI), described on its website as �a
non-partisan, non-profit educational charity,� and a �new vital force in health
care policy.�
However, for all intents and purposes, the mission of CMPI, a
front group, is to promote backdoor efforts at tort reform, including pushing
complete drugmaker immunity through federal preemption, to pump out
rapid-response propaganda on the Internet to deflate scandals involving the
pharmaceutical industry and the FDA, and to discredit anyone who dares to
criticize the industry or the FDA.
Former FDA associate Commissioner Peter Pitts is the
president. He is also the senior vice president of Global Health Affairs at
Manning Selvage and Lee (MS&L), a public relations firm described as �a top
five healthcare communications practice with a 50-year history,� representing �major
pharmaceutical, biotech and medical device companies.�
Former FDA chief counsel Daniel Troy, the godfather of
preemption, sits on an advisory board for CMPI. His bio brags that he �played a
principal role in FDA�s generally successful assertion of preemption in
selected product liability cases.� He represented drug companies before he was
chief counsel and returned to the same role when he left.
In the March 8 Mother Jones magazine, Stephanie Mencimer
points out that Mr Troy�s �career is an illustration of how the Bush
administration�s revolving door has allowed industry lawyers to radically
reshape regulatory agencies to benefit the big businesses they once represented
and then profit from those changes when they return to the private sector.�
Robert Goldberg is vice president of CMPI. He was previously
the director of the Manhattan Institute�s Center for Medical Progress and chairman
of its 21st Century FDA Task Force, according to his bio.
On the CMPI website, Mr Pitts and Mr Goldberg set up the
blog, DrugWonks, supposedly to provide a forum that offers �rigorous and
compelling research on the most critical issues affecting current drug policy.�
But in truth, DrugWonks serves as a de facto media outlet to
provide services offered by MS&L to pharmaceutical clients and to
counteract damaging information as it comes out in the media with rapid
responses on the Internet.
�Media is the lifeblood of MS&L and our healthcare
practice,� the firm explains on its website. �Our experts immerse themselves in
the needs and changes occurring within the media,� it says.
MS&L services include: �Developing communications
strategies to support or thwart issues, including outreach to key
agenda-setters, coalition-building, e-fluencer campaigns and media outreach.�
Under the leadership of Mr Pitts in the Global Affairs unit,
�MS&L helps clients understand and influence government thinking on key
health policy issues,� according to the website. �Monitoring emerging health
issues to protect clients, particularly legislative and regulatory activities,�
is a service offered.
To that end, whenever the �monitoring� spots a potential
problem for an industry client involving the FDA or legislation pending or
investigations in Congress, Mr Pitts and Mr Goldberg automatically shift into
overdrive to either deflate, deflect or defend with information released on the
Internet through DrugWonks.
In 2006, tax records show, CMPI spent $210,000, to influence
the media through a large conference, DrugWonks, editorials in published in
major newspapers, and multimedia programs and podcasts, according to Slate
Magazine
In the line of fire
DrugWonks is also used to pump out unsubstantiated, vicious
and unprofessional comments aimed at destroying the reputations and credibility
of anyone who dares to speak out against the pharmaceutical industry or the
FDA, including doctors, researchers, lawmakers and even journalists.
Attorneys are regularly attacked, but only those who defend
the little guy against the drug giants. Those who represent industry clients
receive the highest praise. The same goes for expert witnesses. A medial expert
who consults with attorneys for a plaintiff is referred to as �a gun for hire.�
Those on the other side have only the best of intentions.
Mr Pitts and Mr Goldberg demonstrate a special �fondness�
for all consumer advocacy groups and public health activists who criticize the
FDA or pharmaceutical industry. They are referred to collectively with titles
like �whack jobs,� or �conflict of interest capos,� or �Luddites.�
They attacked four medical journals in one whack in a
December 10, 2005, posting on DrugWonks. �Too many people are now not taking
important medicines for pain, depression and other illnesses because the NEJM,
JAMA, The Lancet and the British Medical Journal have allowed their political
love fest with the leftists in the media and their hatred of drug companies to
pollute their ability to remain objective.�
In June 2008, Mr Pitts and Mr Goldberg double-teamed Senator
Charles Grassley (R Iowa), and reporter Gardiner Harris for three days when the
New York Times reported on the investigation by the Senate Finance Committee
into the nondisclosure of millions of dollars received by Harvard academics
Joseph Biederman, Timothy Wilens and Thomas Spencer from drug companies.
Mr Pitts was especially incensed over the Mr Harris�
acknowledgment of Dr Biederman as: �A world-renowned Harvard child psychiatrist
whose work has helped fuel an explosion in the use of powerful antipsychotic
medicines in children.�
�How did a phrase like �fuel an explosion� make it past an
editor?� he demanded to know in a June 9, 2008 posting. �This is journalism?�
he asked.
�The McCarthyite Mugging of Joe Biederman,� was the June 8,
2008 headline on DrugWonks, where Mr Goldberg refers to the investigation as
the, �Grassley witch-hunt,� and credits the Times� story in large part to,
�Charles Grassley�s McCarthyite machine.�
There are other agendas at play here, Mr Pitts claimed on
June 9, 2008. �When it comes to Conflicts of Interest,� he
says, �its COI polloi.�
�The not-so-hidden agenda,� he explains, �is that anyone who
supports the use of psychiatric pharmaceuticals for any reason needs to be
humiliated and destroyed.�
Mr Goldberg says the non-disclosures amount to nothing more
than �bad bookkeeping� or a �bookkeeping problem.� His theory might hold water
if not for the fact that the problem continued for seven years before Senator
Grassley caught the glitch. The investigation of money paid to academics
included about 30 psychiatrists at 20 universities, at last count.
Conflicted DrugWonker exposed
Its seems Mr Pitts himself does always disclose that he�s
sleeping with the devil. However, bloggers on Pharmalot, and other popular
websites, made his bed partners widely known after a conflict of interest
scandal erupted over his appearance on the radio show, �Prozac Nation:
Revisited,� aired on �The Infinite Mind,� and broadcast by National Public
Radio on March 26, 2008.
CMPI board member, Dr Fred Goodman, hosted the show and told
the audience: �There is no credible scientific evidence linking antidepressants
to suicide or violence.�
On May 6, 2008, Ed Silverman�s Pharmalot headline read:
�NPR: On The Air, But Not In The Open,� for a report on, �Stealth Marketers,�
by Shannon Brownlee and Jeanne Lenzer, in Slate Magazine with the byline: �Are
doctors shilling for drug companies on public radio?� In describing the SSRI
discussion on �Prozac Nation,� the authors noted:
�The segment featured four prestigious medical experts
discussing the controversial link between antidepressants and suicide. In their
considered opinions, all four said that worries about the drugs have been
overblown.�
Not mentioned, Slate says, was the fact that all four
experts had financial ties to the antidepressant makers. Mr Pitts was
identified only as �a former FDA official.� �Also unmentioned were the �unrestricted
grants� that The Infinite Mind has received from drugmakers,
including Eli Lilly, the manufacturer of the antidepressant Prozac,� Slate
wrote.
Infinite Mind
spoke of Mr Pitts on the show as �a former FDA associate commissioner who was
involved in the FDA�s 2004 �black box� labeling of antidepressants as carrying
a risk of suicidal thoughts and behavior, and who was at the time the �go-to�
guy for the FDA on that issue,� according to Bill Lichtenstein, senior
executive producer of Infinite Mind,
in a May 9, 2008, written response to �Stealth Marketers,� posted on Pharmalot.
�What we didn�t know, because he didn�t disclose it to us,�
Mr Lichtenstein says, �was that Pitts is currently working for a public
relations firm whose clients include major pharmaceutical companies.�
The MS&L website shows Mr Pitts� many drug company
clients include Lilly, Pfizer and GlaxoSmithKline, the marketers of the SSRI
antidepressants Prozac, Zoloft and Paxil.
Mr Pitts also failed to mention his PR job when he appeared
on NPR�s Talk of the Nation and PBS�s
News Hour with Jim Lehrer, according
to Mr Lichtenstein. He posted a link to �Prozac Nation,� on DrugWonks in April,
2008, without disclosing the conflicts of interests when describing the experts
as well.
In their article, Ms Brownlee and Ms Lenzer noted the
undisclosed affiliations of Mr Pitts and Dr Goodman with CMPI, which they
described as �an industry-funded front, or �Astroturf� group, which receives a
majority of its funding from drug companies.�
In a posting defending himself, Mr Pitts wrote: �I think it�s
important to note that, per full disclosure, I was never asked. I would like to
assume that when I am called for interviews that the producers have done their
due diligence.�
�I also want to be clear that on the other programs
mentioned,� he said, �I was asked by the producers about my various
affiliations. I answered fully and honestly -- and the decision was made not to
mention it on the air.�
�When you go to www.cmpi.org, one click on my name tells you
everything,� Mr Pitts pointed out. Which begs the question of how would
listeners to a radio program know to look for a link on this website when his
association with CMPI is not even mentioned?
When the story broke, blogger, Lisa Van S, kicked off the Internet
slugfest on Pharmalot on May 6, 2008, by writing: �Peter Pitts, Have you no
shame!! . . . Does anyone have the DSMIV diagnosis for habitual lying?�
Over at DrugWonks on May 6, Mr Goldberg began a �destroy the
messenger� campaign against Ms Lenzer, in a post titled, �I Dream of Jeannie . .
. Retracting,� and the comment, �Talk about tight Jeannes!� with a January 17,
2005, New York Times article titled, �Dispute Puts a Medical Journal Under Fire,�
pasted in the blog.
The �Dispute� refers to an article by Ms Lenzer in the
January 2005 BMJ, which reported that the FDA was to review confidential
Eli Lilly documents that had been sent to the BMJ by an anonymous
source and that these documents had gone �missing� during a 1994
product liability suit filed against Lilly. After Lilly complained, the BMJ
investigated the matter and issued a retraction of the �missing� statement and
explained: �The BMJ did not intend to suggest that Eli Lilly caused
these documents to go missing. As a result of the investigation, it
is clear that these documents did not go missing.�
�The BMJ accepts that Eli Lilly acted
properly in relation to the disclosure of these documents in these
claims. The BMJ is happy to set the record straight and to
apologise to Eli Lilly for this statement, which we now retract, but
which we published in good faith.�
Out of Ms Lenzer�s whole article, one single statement was
retracted, but on DrugWonks, Mr Goldberg wrote: �BMJ was forced to retract one
of her articles.�
Later in the same posting he wrote: �Here is the BMJ
retraction AND apology as it pertains to Lenzer�s unethical and sleazy
behavior,� and pasted a copy of the retraction which shows that only one
statement was corrected.
The Lenzer distraction idea was obviously chosen as the main
talking point early because Mr Pitts pasted the exact same articles on
Pharmalot. But on May 7, blogger pg, responded with a January 17, 2005, article
that said the Associated Press reported that BMJ editor, Kamran Abbasi, said
the apology was limited to the issue of whether the documents were missing from
the court case. On May 13, Professor Jonathan Leo, a well-recognized SSRI
expert, posted comments on the Slate website and quoted an e-mail to CNN from
Kamram Abbasi, which stated, �The London-based BMJ, formerly called the British
Medical Journal, did not retract its contention that the documents show the
antidepressant is linked to increased risk of suicide or violence. All we have
retracted is the statement that these documents went missing.�
Pharmalot�s pg, posted quotes from Lilly documents in a May
9 blog, from exhibits in a Prozac trial presented to the jury in a timeline to
show that Lilly knew Prozac caused patients to become violent or suicidal long
before the drug was approved in 1988. For example, a May 1984 document states:
�During the treatment with the preparation (Prozac) 16 suicide attempts were
made, 2 of these with success. As patients with a risk of suicide were excluded
from the studies, it is probable that this high proportion can be attributed to
an action of the preparation (Prozac) . . .�
In a May 7, DrugWonks post, Mr Pitts complained that the
Slate article did not mention issues he raised about media coverage of the SSRI
debate during an interview with one of the journalists. �A robust debate on the
SSRI issue is very important,� he wrote. �Trying to stifle debate by personal
attacks just shows a lack of intellectual rigor -- and cowardice,� he said.
Pharmalot�s pg, responded to this charge by writing,
�Personal Attacks -- a Few Examples?� with links to five postings on DrugWonks.
In a May 8 posting, pg wrote, � . . . Where will Healy, David Graham and the
rest go to wash the blood off their hands? And will the FDA do the right thing
and stop handing black boxes out to protect themselves from Senator Grassley
and the press?�
Attacks of this kind are posted all over DrugWonks, as part
of a PR campaign to restart the mass sale of SSRIs to children obviously. The
claim is that the black box suicide warning is causing all these kids to kill
themselves because doctors are afraid to prescribe the drugs to depressed kids,
and the persons who fought to add the warning are responsible for the deaths.
After reading the posts written by Mr Pitts and Mr Goldberg,
Pharmalot�s Eskimo wrote: �Mr. Pitts, looking at all those posts on
drugwonks.com, I couldn�t tell who was making the personal attacks, the �kooks�
and the �document stealers� or the site�s authors who label them that way.�
On May 8, in a posting on DrugWonks with the headline,
�Slate �n Slime,� Mr Goldberg wrote: �Shannon Brownlee and Jeanne Lenzer did a
smear job on Peter and Dr. Fred Goodwin in Slate.� He also stated: �Drugwonks
rarely expects other bloggers to focus on substance . Rather, we are flogged
for the source of our contributions as if others uncovered a corrupt connection
instead of the truth, which is that we proactively provided information.�
In the same posting, Mr Goldberg later wrote, � . . . we
will do what ever [sic] it takes, including legal action, when facts are
deliberately omitted, misrepresented and distorted and then willfully repeated
to set the record straight.�
�We are aware that our critics don�t have the intellectual
bandwidth or the maturity to actually engage on the issues or respectfully
disagree or debate,� he said. �Still we expect accuracy and for others to
provide some context even as they take their shots as they are entitled to in a
free society.�
In response to DrugWonks posts accusing critics of lacking
intellectual bandwidth and being immature, several Pharmalot bloggers simply
pasted more links to more posts written by Mr Goldberg and Mr Pitts on
DrugWonks. But a May 9 post from pg stated, �Woah Mr Pitts. What a shame you
sold YOUR intellectual bandwidth (and your integrity) out to the pharmaceutical
industry.�
In the end, the war ignited by �Prozac Nation� would rage on
for weeks. Finally, on May 27, 2008, under a heading, �Disturbing Behavior,� Mr
Goldberg claimed that he and Mr Pitts had gotten a taste of what others were
subjected to on a regular basis, described as �abuse from out-of-control and
obsessive hatemongers who receive succor and support -- or at the very least --
uncritical coverage by the media as they fail to engage on the substance of
issues and instead attack motives and indulge in misleading and distorted use
of selective reporting.�
�Our willingness to challenge those who have been
responsible for scaring people from using antidepressants have diverted
attention away from the consequences of a decrease in use with blind fury,� he
said, �moving from antidepressants to antipsychotics without regard to the
original argument or point, harping instead on funding sources with an
obsession that reveals a lack of intellectual bandwidth and genuine hatred that
borders on the personal.�
�The blogs that have allowed these posting -- unfiltered --
know better and bear a responsibility for allowing the attacks and vitriol to
become so unhinged and personal,� Mr Goldberg wrote, and specifically mentioned
Pharmalot.
�These are sad, hateful people,� he said, �The problem is
they often reflect and influence the thinking of people like Brownlee and
Lenzer who are considered mainstream.�
�We at CMPI are simply trying to insure that people get the
right medicine at the right time,� he says. �No more, no less.�
Major story gone missing
Mr Pitts never misses a change to promote preemption on
DrugWonks by publishing new stories about CMPI advisory board member, and
former FDA chief counsel, Daniel Troy, who kicked-off the preemption campaign
by filing the first FDA brief in support of a drugmaker in an SSRI suicide case
while serving as chief counsel. However, notably missing in the month of July
is a story on DrugWonks bragging about Mr Troy�s new job at Glaxo.
But Ed Silverman reported the news on Pharmalot on July 22,
2008, writing, �The preemption prince is joining the big drugmaker as senior
vice president and general counsel on September 2. This is a coup for Glaxo,
because Troy is widely known -- some might say notorious -- for being
supportive of the pharmaceutical industry.�
�He also laid the groundwork for the current legal battle
over preemption, which says FDA approval supercedes state law claims
challenging safety, efficacy, or labeling. Drugmakers and the FDA argue
preemption exists by maintaining agency actions are the final word on safety
and effectiveness.�
In response to the news, Pharmalot blogger Laurie, wrote,
�Wow. . GSK takes on the one person who has been the poster boy for all that�s
bad with pharma and the FDA . . . way to help your public relations.�
The fact is, Glaxo hired the �poster boy� while facing
mounting legal problems due to concealing Paxil�s suicide risk for decades.
With the kinds of insider information he could bring to the table, Mr Troy was
already the best man for the job.
Glaxo has been under investigation by the Department of
Justice since 2004 over Paxil. In June 2008, the Wall Street Journal reported a
widening of that investigation. In February 2008, Senator Grassley started a
new investigation by the Finance Committee, after an expert witness report in a
Paxil-suicide case was unsealed by a court that showed Glaxo knew back in 1989
that Paxil patients in clinical trials were eight times more likely to attempt
or commit suicide than patients taking a placebo.
The committee�s investigation of the money paid to academics
also includes Paxil researcher Dr Martin Keller at Brown University, who
oversaw the Glaxo-funded trials on children, and was the lead author on the
fraudulent papers used to promote the off-label sale of Paxil to children with
false claims that it worked and did not cause suicide.
On June 23, 2008, Mr Pitts made a feeble attempt to throw
out some sort of defense for his MS&L client with the DrugWonks headline:
�What�s Behind the Paxil Investigation?�
�There�s money in it, maybe for the plaintiffs attorneys,�
he wrote. �But there is also the Holy Grail of overturning FDA pre-emption,� he
added.
The main problem with this theory is that Mr Pitt�s buddy,
Dan Troy, seems to be the only attorney moving up the pay ladder.
In Stealth Marketers, Ms Lenzer and Ms Brownlee report that
CMPI took in more than $1.4 million from the pharmaceutical industry in 2006.
Mr Pitts was asked to identify the companies and apparently decided against it.
�I don�t want to go into that,� he told Slate.
With all that drug money rolling in, CMPI could surely
afford to hire an editor to clean up the posts of the media expert and his
sidekick on DrugWonks. Although allowances for errors in typing, grammar and
spelling are commonly extended to Internet bloggers, the daily ramblings of Mr
Pitts and Mr Goldberg appear on the official CMPI website and should at least
be legible.
Evelyn Pringle is a columnist for OpEd News and
an investigative journalist focused on exposing corruption in government and
corporate America.