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Pursuant to FDA Rules and
Regulation, the reporting of Adverse Side Effects is on a voluntary
basis. In other words, the doctor, hospital, or other medical person
or facility are not required by law to report an adverse side effect
from a drug. The FDA reported that perhaps only one in one hundred
side effects ever get reported. One could only imagine about how many
serious Adverse Side Effects there are from taking Accutane, that have
never been reported to anyone!
Under Federal Law, the manufacturer of a drug is
required to revise its label to include a warning as soon as there is
reasonable evidence of an association of a serious hazard with a drug.
The FDA has required Hoffmann-La Roche to revise
their Accutane label numerous times. Because of birth defects and
other serious side effects, Accutane has been before the FDA in excess
of twenty times. Despite the increased warnings, and measures taken
under the direction of the FDA, birth defects remain one of the most
troubling side effects of Accutane. Roche's most recent label
states, CONTRAINDICATIONS AND WARNINGS: Accutane must not be used by
females who are pregnant. Although not every fetus exposed to
Accutane has resulted in a deformed child, there is an extremely high
risk that a deformed infant can result if pregnancy occurs while taking
Accutane in any amount even for short periods of time. Potentially
any fetus exposed during pregnancy can be affected. Presently, there
are no accurate means of determining, after Accutane exposure, which
fetus has been affected and which fetus has not been affected.
Major human fetal abnormalities related to Accutane
administration in females have been documented. There is an increased
risk of spontaneous abortion. In addition, premature births have been
reported.
Documented external abnormalities include: skull
abnormality; ear abnormalities (including anotia, micropinna, small or
absent external auditory canals); eye abnormalities (including
microphthalmia); facial dysmorphia; cleft palate. Documented internal
abnormalities include: CNS abnormalities (including cerebral
abnormalities, cerebellar malformation, hydrocephalus, microcephaly,
cranial nerve deficit); cardiovascular abnormalities; thymus gland
abnormality; parathyroid hormone deficiency. In some cases death has
occurred with certain of the abnormalities previously noted.
Cases of IQ scores less than 85 with or without obvious CNS abnormalities have also been reported.
Perhaps the birth defects caused by Accutane are the
saddest of all the adverse side effects of the drug. Tiny little
babies are either killed by the drug, or suffer from horrible defects
caused by the drug for as long as they live. They have no choice in
the matter and are completely innocent. There have been thousands of
elected abortions because the mother became pregnant while taking
Accutane. There have also been thousands of spontaneous abortions as a
result of the mother taking Accutane while she was pregnant. Either
way, it means the death of a baby.
Congressional Investigation
Because of birth defects and psychiatric side
effects, Accutane and its manufacturer, Hoffmann-La Roche, Inc. are
currently the subject of a Congressional investigation. The
Subcommittee on Oversight and Investigations of the House of
Representatives Energy and Commerce Committee reconvened its
investigation into Hoffmann-La Roche and Accutane in early December
2002. One of the members of that Committee, Congressman Bart Stupak
stated the following during the Congressional Hearing.
The drug manufacturer, Hoffmann-La Roche, ... has
continued to put profits before people. They have done everything
possible to prevent the American people from learning of the
psychiatric injuries and deaths associated with Accutane. Even, today
I'm sure Roche will deny any causal effect of Accutane with the
abortions, deaths, and suicides caused by their product.
The drug was licensed by the Food and Drug
Administration (FDA) in 1982 as an oral prescription drug for the
treatment of severe acne. However, he raised serious concerns that
many individuals have been prescribed this drug for less severe forms
of acne.
During the Congressional Hearing, the President and
Chief Executive Officer of Hoffmann-La Roche, Inc. (USA), George B.
Abercrombie, testified before the Committee. After giving various
statements and making representations under oath regarding studies,
marketing, clinical trials, and Roche's relationship with entities in
Mexico, two members of the Committee told Mr. Abercrombie they did not
believe his testimony, and that he had given the testimony in front of
the Committee with a "straight face." Significantly, not a single
member of the Committee spoke in support of Hoffmann-La Roche. The
investigation is continuing.
About Birth Defects, Accutane & Hoffmann-La Roche
Because of severe birth defects caused by Accutane,
it has been compared to Thalidomide, and said to be on the same scale
as Thalidomide. A representative of the March of Dimes told a
Congressional Committee investigating Accutane and Hoffmann-La Roche
that despite current voluntary safety measures taken by the
manufacturer, many pregnant women and their developing fetuses are
continuing to be unnecessarily exposed to this drug and major birth
defects have developed in their babies. ...The March of Dimes
strongly recommends FDA-mandated implementation of a single program
that is designed to put in place a more stringent system that would
reduce exposure to developing fetuses from Accutane/isotretinoin.
SOME HISTORY OF ACCUTANE & BIRTH DEFECTS -
Accutane is produced by Hoffmann-La Roche. It was
approved by the FDA in September 1982, for use in cases of severe
recalcitrant cystic acne unresponsive to other therapies including
systemic antibiotics.
At the time of approval, it received an FDA pregnancy
Category X rating, because it had been shown to cause birth defects in
animals. Category X designation means that because of the dangers posed
by this drug in pregnancy, Accutane should not be used by women who are
pregnant or are at risk of becoming pregnant. Patient benefit never
outweighs fetal risk.
Soon after market introduction in September of 1982,
reports of children born with birth defects due to in utero Accutane
exposure began to appear in the literature and to be received by the
FDA.
In 1984, the FDA convened its Dermatologic Drugs
Advisory Committee to discuss the problem of Accutane and pregnancy
exposure. The Committee recommended that product labeling be
"strengthened" to warn physicians and patients of the risks to the
fetus posed by first trimester exposure to Accutane.
In 1985, an article appeared in the New England
Journal of Medicine describing "isotretinoin embryopathy," the
constellation of birth defects attributable to Accutane. From this
report, it was estimated that in about 33% of the cases, the danger
arose because women were being started on Accutane after they had
become pregnant. Up to 25% of pregnancies with first trimester
exposure which came to delivery had a birth defect, with severity
ranging from mild to severe. Birth defects could involve the head,
face, brain, or heart.
In 1988, an FDA report found evidence that Accutane
was being used on women of childbearing age, far in excess of the
labeled indication. It was being used on women with milder or no
acne. Although the incidence of severe cystic acne was roughly two
and a half times higher in men than in women, Accutane usage was nearly
equal. Dermatologists prescribed 80-90% of the drug. The report
also estimated that up to 5% of women of childbearing potential treated
with Accutane between 1982 and 1986 had experienced first trimester
pregnancy exposure to it. Of these, at least 60% had undergone
induced abortion (a two-fold increase above the baseline national
rate). This report recommended that the FDA consider removing
Accutane from the market as an "imminent hazard."
The FDA's Dermatologic Drugs Advisory Committee,
which didn't want to accept the implication that dermatologists were
prescribing Accutane outside its labeled indication, and didn't want to
accept the evidence that large numbers of pregnancy exposures, birth
defects and abortions had occurred. This Committee recommended that
the product label for Accutane be strengthened, that a program be
started to educate physicians and patients on the use of this drug and
its risks, and that women be required to sign an informed consent prior
to treatment with it.
The FDA and Hoffmann-La Roche rewrote the product
label for Accutane. The new label implied that the risk of severe
birth defect was virtually 100% and that this risk applied to all
trimesters of pregnancy. The professional labeling (that intended for
physicians) also included a line drawing of the head of a child with a
composite of numerous defects. Further down on the label was a
statement instructing women who become pregnant while using Accutane to
discuss with their physicians the "desirability of continuing the
pregnancy." At a May 1989 Advisory Committee meeting, Dr. Sidney
Wolfe of the Health Research Group told the FDA and the Committee that
this labeling would "coerce women" into abortion.
Hoffmann-La Roche implemented its "Pregnancy
Prevention Program," which included physician educational mailings,
educational advertising, and visits to physician offices by company
representatives to deliver a "Pregnancy Prevention Kit." This kit
included various forms for the physician to use in determining if
female patients met the labeled indication for the drug and to assist
in educating them about the teratogenic risk and the need to practice
contraception while on Accutane.
In a letter to Hoffmann-La Roche, the FDA stated that
the purpose of the "Pregnancy Prevention Program" was not simply a
reduction of birth defects but the elimination of pregnancy exposure.
At three open public Advisory Committee meetings on the subject of
Accutane held in 1989 and 1990, officials of the FDA publicly stated
that the goal of the Program was to limit the use of Accutane to those
women with the labeled indication and to eliminate pregnancy exposure.
In 1989, the FDA presented the Accutane issue to two
separate groups, the Dermatologic Drugs Advisory Committee and the
Fertility and Maternal Drugs Advisory Committee. The composition of
the Dermatologic Committee is almost exclusively dermatologists and
that of the Fertility and Maternal Drugs Committee almost exclusively
gynecologists. These meetings were intended as progress reports to
update the committees as to what had happened in the year since the
1988 meeting. An FDA report was prepared which concluded that there
was little evidence of substantive change in the problem. It also
described for the first time the problem of contraceptive failure and
its implications for the Pregnancy Prevention Program.
In May 1990, and FDA report was prepared assessing
the impact of the Pregnancy Prevention Program during 1989. This was
presented before a combined meeting of the Dermatologic Drugs and the
Fertility and Maternal Drugs Advisory Committees. Since the start of
marketing in 1982, Accutane had been prescribed to over 600,000 women
of childbearing, representing more than 1% of women in this age range.
Based on national data relating to the use of contraception and
contraceptive failure, it was estimated that 2-3% of women treated with
Accutane had had a first trimester pregnancy exposure to the drug.
Furthermore, based on data from a survey paid for by Hoffmann-La Roche,
it was suggested that many physicians were not performing serum
pregnancy tests prior to starting their female patients on Accutane;
indeed, the great majority of women treated with Accutane during the
first year of the Pregnancy Prevention Program had had at least one
absolute contraindication to the use of the drug. Nevertheless, the
combined Committee decided that it was too soon to make a decision on
whether the Program had succeeded or failed.
In May 1991, an FDA report was written in preparation
for an advisory meeting scheduled for the end of the month. This
report concluded that the Pregnancy Prevention Program had failed to
achieve either of its primary goals, and that in fact the two goals
were inconsistent because Accutane could not be given to women without
pregnancy exposure to it occurring, because of contraceptive failure if
for no other reason. The level of Accutane use in women of
childbearing age had not changed much from the previous year, with an
estimated 57,000 new women and more than 100,000 women (new and
retreatment) receiving Accutane during 1990. Of this group, an
estimated 2-5% had first trimester pregnancy exposure to the drug, with
over 75% of these ending with either spontaneous (drug-induced) or
medically induced abortion. About 30% of pregnancy exposures were due
to Accutane being prescribed and started in women after they had
conceived; that is, substantial numbers of exposures were the result of
Accutane being given to pregnant women by their physicians. Updated
data from the survey sponsored by Hoffmann-La Roche was used to show
that fewer than half of the women treated with Accutane and enrolled in
the survey had a serum pregnancy test performed prior to starting the
drug, and that more than 95% of women enrolled in the survey had one or
more absolute contra-indications to the use of Accutane as defined in
the drug's label. The report concluded that Accutane could not be
given to women without pregnancy exposure occurring in 2-5% of cases,
with subsequent fetal injury or death (due either to Accutane itself or
to induced abortion) in the majority of these. This report was
over-ridden by FDA officials who disagreed with the report's
conclusions and recommendations.
At the advisory meeting of the combined committees
held on May 21, 1991, the goals of the Pregnancy Prevention Program
were not stated, abortion due to Accutane was not mentioned, and the
magnitude of pregnancy exposure to the drug was hardly discussed. The
committee decided that the language describing the indication for
Accutane should be broadened, that product labeling should state that
the estimated risk of birth is about 25%, and that the Pregnancy
Prevention Program was successful, with no major changes in marketing
or use of Accutane required.
POINTS TO PONDER -
1. In 1989, it was learned publicity that during the
controlled clinical trials of Accutane prior to its marketing (1982),
5% of the women enrolled in these studies became pregnant while on
Accutane, despite signed informed consent, contraceptive counseling
and use, and education about the potential risk of birth defects.
These pregnancies ended with abortion, and the enrollment of women in
the studies was reduced.
2. Product labeling has never described this fact,
nor has its implication for fetal safety (or lack thereof) been
publicly discussed.
3. Within the FDA, abortion has been viewed as an
acceptable solution to the problem of Accutane usage and pregnancy
exposure. Hoffmann-La Roche has viewed abortion as the solution since
early in marketing. The reasoning offered by the manufacturer and by
officials within the FDA is that the real goal of the Pregnancy
Prevention Program is the elimination of birth defects, which can be
accomplished in two ways: (1) prevent pregnancy exposure from
occurring or (2) prevent those exposed pregnancies from coming to
delivery by abortion. The thrust of product labeling and the full
awareness of contraceptive failure from even before the time of
marketing show which approach has been adopted. FDA officials have
been careful to avoid or prevent public discussion of this for fear
that pro-life groups would learn that what is occurring is "abortion
for cosmetic reasons."
4. The use of advisory committees by the FDA for this
issue shows how the underlying bias among committee members can be used
to guarantee that certain FDA policies or decisions will be recommended
or affirmed by the Committee. Data for 1990 show that over 90% of all
Accutane was prescribed by dermatologists, that most women receiving
the drug didn't have the disease for which the drug was approved, and
that most women didn't even have an initial serum pregnancy test
performed by their physician before starting Accutane. How likely is
it that dermatologists sitting on this committee, representing the
constituency responsible for the magnitude of the existing problem,
would ever find fault with the status quo, would ever recommend major
changes in marketing? How likely is it that a committee of
gynecologists would be sensitive to the abortion issue, which lies
beneath the surface of Accutane use in women? Although one would
think that pregnancy category X designation was intended to protect
fetal health as a priority over that of the patient directly receiving
the drug, the FDA has consistently chosen to champion the interests of
those advocating unblemished complexions, at a cost of thousands of
fetal deaths which have been silently swept under the rug by the FDA
bureaucracy and the producer of Accutane.
5. In 1989, Dr. Edward Lammer presented data showing
that up to 40% of pregnancies exposed to Accutane during the first
trimester ended with spontaneous abortion (miscarriage) which is three
times higher than occurs among pregnancies where no Accutane has been
used. (This should be combined with the data showing that about 60% of
remaining pregnancies end with induced abortion; the end result being
that fewer than 25% of first trimester pregnancies exposed to Accutane
reach delivery. Of those coming to delivery, as already noted, up to
25% may have a birth defect of some degree of severity.)
6. As of December 11, 2002, no adequate program to
eliminate birth defects from Accutane has been put into place.
Officials of the FDA and other groups interested in preventing birth
defects as a result of Accutane exposure, are at a loss as to how to
prevent birth defects from the drug, absent withdrawal from the market.
FDA - Accutane Information Page
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If you believe you have been injured or have suffered a severe side effect from the use of Accutane, it may be that you are entitled to compensation.
It is important that if you contact our firm for a free case evaluation. Our lawyers will analyze your case and advise whether you are entitled to compensation. Call 1-800-404-9281 or email us here.
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