Agents of the
Food and Drug Administration know better than anyone else just how bad
scientific misbehavior can get. Reading the FDA’s inspection files feels
almost like watching a highlights reel from a Scientists Gone Wildvideo.
It’s a seemingly endless stream of lurid vignettes—each of which
catches a medical researcher in an unguarded moment, succumbing to the
temptation to do things he knows he really shouldn’t be doing. Faked X-ray reports. Forged retinal scans. Phony lab tests. Secretly amputated limbs. All done in the name of science when researchers thought that nobody was watching.
That
misconduct happens isn’t shocking. What is: When the FDA finds
scientific fraud or misconduct, the agency doesn’t notify the public,
the medical establishment, or even the scientific community that the
results of a medical experiment are not to be trusted. On the contrary.
For more than a decade, the FDA has shown a pattern of burying the
details of misconduct. As a result, nobody ever finds out which data is
bogus, which experiments are tainted, and which drugs might be on the
market under false pretenses. The FDA has repeatedly hidden evidence of
scientific fraud not just from the public, but also from its most
trusted scientific advisers, even as they were deciding whether or not a
new drug should be allowed on the market. Even a congressional panel
investigating a case of fraud regarding a dangerous drug couldn't get
forthright answers. For an agency devoted to protecting the public from
bogus medical science, the FDA seems to be spending an awful lot of
effort protecting the perpetrators of bogus science from the public.
Much of my
research has to do with follies, foibles, and fraud in science, and I
knew that the FDA wasn’t exactly bending over backward to correct the
scientific record when its inspectors found problems during clinical
trials. So as part of my investigative reporting class at New York
University, my students and I set out to find out just how bad the
problem was—and how much important information the FDA was keeping under
wraps.
We didn’t have to search very hard to find FDA burying evidence of research misconduct. Just look at any documentrelated
to an FDA inspection. As part of the new drug application process, or,
more rarely, when the agency gets a tipoff of wrongdoing, the FDA sends a
bunch of inspectors out to clinical sites to make sure that everything
is done by the book. When there are problems, the FDA generates a lot of
paperwork—what are called form 483s, Establishment Inspection Reports,
and in the worst cases, what are known as Warning Letters. If you manage
to get your hands on these documents, you’ll see that, most of the
time, key portions are redacted: information that describes what drug
the researcher was studying, the name of the study, and precisely how
the misconduct affected the quality of the data are all blacked out.
These redactions make it all but impossible to figure out which study is
tainted. My students and I looked at FDA documents relating to roughly
600 clinical trials in which one of the researchers running the trial
failed an FDA inspection. In only roughly 100 cases were
we able to figure out which study, which drug, and which pharmaceutical
company were involved. (We cracked a bunch of the redactions by
cross-referencing the documents with clinical trials data, checking
various other databases, and using carefully crafted Google searches.)
For the other 500, the FDA was successfully able to shield the drugmaker
(and the study sponsor) from public exposure.
It’s not just the public that’s in the dark. It’s researchers, too. And your doctor. As I describe in the current issue of JAMA Internal Medicine,
my students and I were able to track down some 78 scientific
publications resulting from a tainted study—a clinical trial in which
FDA inspectors found significant problems with the conduct of the trial,
up to and including fraud. In only three cases did we find any hint in
the peer-reviewed literature of problems found by the FDA inspection.
The other publications were not retracted, corrected, or highlighted in
any way. In other words, the FDA knows about dozens of scientific papers
floating about whose data are questionable—and has said nothing,
leaving physicians and medical researchers completely unaware. The
silence is unbroken even when the FDA itself seems shocked at the degree
of fraud and misconduct in a clinical trial.
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