Bayer: "Delay mandatory implementation of FDA
recommendation. Blunt PR impact by highlighting questionable
study conclusions as they pertain to cough/cold products.
Begin shipping PPA-free product as soon as possible."
A Dose of Denial
How drug makers sought to keep popular cold and diet
remedies on store shelves after their own study linked them
to strokes.
By Kevin Sack and Alicia Mundy March 28, 2004 latimes.comlaOpen ↗
na-ppa28mar28,1,6736727.ht mlstory
Tracy Patton had just arrived at a community theater
rehearsal in August 2000 when she felt such a searing
explosion in the back of her head that it knocked her to
her knees.
DIMINISHED: Tracy Patton, 41, has had difficulty with simple
tasks since her stroke in 2000.
At the hospital in Louisville, Ky., doctors said Patton,
then 37, had suffered a catastrophic stroke, and they
predicted she wouldn't survive the night.
Patton defied the odds. But nearly four years later, she is
so overwhelmed by simple tasks that she must post a
"personal hygiene checklist" in her bathroom to remind
herself to brush her teeth and flush the toilet.
At 15, Tricia Newenham was full of promise when she suffered
her stroke in October 2000 while hanging out in her bedroom
with a cousin. A Down East Mainer from a family of woodsmen
and lobstermen, she had been named her middle school's
student of the year and was on track to become the first
Newenham to attend college.
LIVES CHANGED FOREVER: Tricia Newenham, 18, is embraced by
her mother, Patricia Bybee, three years after a stroke left
Tricia blind and mentally disabled. Shortly before her
stroke, she had taken a cold product containing PPA.
She spent a month in a coma, and emerged totally blind and
profoundly mentally impaired. When reminiscing about her
former self, about her prom dates and nights at the movies,
she dissolves into inconsolable sobbing, condemned to
remember just enough of what her life was like then to
understand how much less it is now.
Only hours before these devastating strokes, each victim had
washed down a seemingly innocuous over-the-counter cold
medicine, one of billions of doses consumed annually
nationwide. The medicines contained phenylpropanolamine, or
PPA, the active ingredient in scores of popular
nonprescription decongestants and diet aids until November
2000, when the Food and Drug Administration declared PPA
unsafe and asked drug companies to stop selling it.
By then, the drug industry had spent more than two decades
fending off growing evidence of a possible link between PPA
and hemorrhagic stroke. But Patton and Newenham were among
hundreds of PPA consumers who suffered attacks after a
landmark study -- sponsored by the drug industry itself --
concluded in October 1999 that the use of PPA was associated
with an increased risk of that deadliest form of stroke.
Recently obtained internal company documents show that
rather than alerting the public during cold season, drug
makers launched a yearlong campaign to keep the results
quiet and stall government regulation. By the time the FDA
acted, 13 months and hundreds of strokes later, the
companies had reformulated their brand names with little
interruption in sales. The market for PPA has been estimated
at $500 million to $1 billion annually.
In the interim, Americans continued to purchase PPA products
right off the shelf and assume they were safe.
"It was in the store. Everyone uses it. It must be all
right."
-- Tim A. Bybee, stepfather of Tricia Newenham, who suffered
a stroke after taking Triaminic cold syrup
"It never even dawned on us," said Tim A. Bybee, Newenham's
stepfather, speaking of the Triaminic cold syrup Tricia took
shortly before her stroke. "It was in the store. Everyone
uses it. It must be all right."
The Times reviewed thousands of pages of documents
produced through discovery in PPA lawsuits and obtained
from the FDA through a Freedom of Information Act request.
The documents demonstrate that the pharmaceutical industry
consistently challenged any notion that PPA could be
dangerous and dismissed evidence to the contrary. They
also show that the manufacturers assured the public that
PPA was safe even as some FDA scientists and industry
officials were raising concerns.
. FDA Draft Report on Risk of Stimulants, February 1982 <latimes.comlaOpen ↗
ppa_doc1,1,3187468.acroba t?coll=la-headlines-nation>
. Sandoz Medical Services Department Analysis of Parlodel
Cases, April 1984 <latimes.comlaOpen ↗
ppa_doc9,1,3711764.acroba t?coll=la-headlines-nation>
As early as 1982, an FDA report warned that PPA had "the
ability to cause cardiovascular effects, cerebral hemorrhage
and cardiac arrhythmias." Two years later, a memo from the
medical services department at Sandoz Pharmaceuticals, which
made the PPA products Triaminic and Tavist-D, referred to
PPA as "an agent known to cause hypertension and stroke."
Yet the drug companies accelerated their marketing of PPA,
winning FDA approval to sell prescription PPA products on an
over-the-counter basis and introducing flavorful new
formulas for children.
Upon learning that the 1999 study had found a stroke link,
the drug makers opened a relentless assault on its
methodology and on the integrity of the Yale University
researchers who conducted it. They did so despite having
paid for the five-year, $5-million study themselves,
approving its protocol and handpicking investigators who
had previously expressed skepticism about a link between
PPA and stroke.
Some documents show that the companies hoped to survive the
2000 cold season without pulling PPA products. Rarely do the
internal memos indicate concern by corporate officials that
PPA might pose a threat to the public.
Draft of Bayer PPA Crisis Action Plan, Nov. 5, 2000 <latimes.comlaOpen ↗
ppa_doc2,1,3253005.acroba t?coll=la-headlines-nation>
Early in November 2000, for instance, two weeks after an FDA
advisory panel concluded that PPA could be hazardous, an
official with Bayer, which made Alka-Seltzer Plus with PPA,
drafted a proposed "PPA Crisis Action Plan." Its stated
objectives: "Delay mandatory implementation of FDA
recommendation. Blunt PR impact by highlighting questionable
study conclusions as they pertain to cough/cold products.
Begin shipping PPA-free product as soon as possible."
Terry O. Tottenham, a lawyer for Bayer, said the plan was
not implemented. But records and interviews show the
industry largely followed that course.
The FDA eventually recommended the withdrawal of more than
100 PPA products, including popular cough and cold brands
such as Robitussin CF and Dimetapp, and appetite
suppressants such as Dexatrim and Acutrim. FDA officials
said they did not move faster because the industry's efforts
to discredit the Yale results effectively delayed the
delivery of a final report.
"There were obvious concerns that we weren't getting the
data because it was being held up by the people who
sponsored the study," said Dr. Charles J. Ganley, director
of the FDA's Division of Over-the-Counter Drug Products.
Left in the Dark
Once the FDA stepped in, the manufacturers issued press
releases, posted notices on websites and wrote letters to
doctors, pharmacists and retailers advising them of the
agency's action. But after the products were withdrawn,
neither the companies nor the FDA mounted major advertising
or direct-mail campaigns to warn Americans they might have
dangerous products in their handbags and homes.
A survey commissioned by plaintiffs in lawsuits over PPA
estimated that
3.5 million U.S. households still possessed PPA formulations
a full 15 months after the withdrawals were requested in
November 2000.
The wife of a Mississippi stroke victim says she purchased
Alka-Seltzer Plus with PPA from a convenience store in April
2001, six months after it was supposed to have been removed.
Her 45-year-old husband took two packets over two days,
began convulsing, and now is confined to a wheelchair,
according to his lawyer. Both the retailer and the
wholesaler have testified in depositions that they were
never alerted by Bayer or the FDA. The couple are suing
Bayer and Double Quick Inc., the retailer.
Even now, the industry's attacks on the study it
commissioned are its primary defense against more than 2,500
lawsuits filed by plaintiffs who say they suffered strokes
shortly after taking products with PPA.
Spokespersons for each of the major manufacturers of PPA
products said in interviews or written responses that
they continued to believe PPA was safe, despite the
study's findings.
"We did not believe then, nor do we believe now, that PPA
was dangerous."
-- Terry O. Tottenham, lawyer for Bayer
"We did not believe then, nor do we believe now, that PPA
was dangerous," wrote Tottenham, the Bayer lawyer. "In fact,
we believe the PPA in those medications was safe and
effective and did not, in any way, cause or contribute to
hemorrhagic stroke or any other circulatory disease, when
used as directed." Tottenham said that there was "no valid
scientific evidence" of an association and that the Yale
study, when "properly analyzed, does nothing to change this
conclusion."
The Consumer Healthcare Products Assn. (CHPA), the leading
nonprescription drug trade group, declined to comment for
this article.
But its former longtime president, James D. Cope, who took a
previously scheduled retirement shortly after the study's
completion, said the drug companies would have been well-
advised to accept the findings. "Industry was convinced that
if a proper study would be done, the results would come out
where they wanted them: safe and effective," he said. "It
didn't. And since it didn't, and they designed the best
study they could, I think they have to live with it."
The manufacturers include some of the largest drug companies
in the world -- Bayer; Novartis, which absorbed Sandoz in a
merger; Wyeth, which makes Dimetapp and Robitussin CF;
GlaxoSmithKline, which makes Contac; and the former Thompson
Medical Co., which made Dexatrim until Chattem Inc. bought
the line late in 1998.
Doctors and scientists cannot say for sure that PPA caused
Patton, Newenham or any other victim to have a stroke. Many
of those who suffered strokes after taking PPA were
particularly susceptible to blood pressure spikes because
they suffered from one of several conditions affecting tens
of millions of Americans.
A LIFE OF HOPE: Tricia Newenham in 1999, a year before a
stroke ruined her dreams of college and a career in design.
Some had hypertension, which afflicts one in five
Americans. Patton was among the estimated 3% of Americans
with cerebral aneurysms, which can pop if blood pressure
rises suddenly. Newenham had an arteriovenous malformation,
a circulatory defect that can make vessels prone to
rupture. Neither Patton nor Newenham knew about their
conditions before their strokes.
If PPA had been a lifesaving drug, the benefits might have
more clearly outweighed the risks to such a large segment of
the population. But though it unclogged countless stuffy
noses and helped millions of dieters shed a few pounds, PPA
was neither essential nor irreplaceable.
What made it worth fighting for were its sales, estimated at
several billion doses a year. In a deposition, Robert G.
Donovan, the former head of Sandoz Consumer Health Care,
said the profitability of the company's two PPA products was
about 75% to 80% of revenue.
Years before the Yale Hemorrhagic Stroke Project, clinical
studies and individual cases published in medical journals
began to raise concerns about PPA.
Sandoz was among several companies that considered
reformulating their cold products with comparably effective
ingredients, primarily pseudoephedrine, which had been used
safely for years and gained final FDA approval in 1994. But
pseudoephedrine cost more than PPA. And it had a bitter
taste that was more difficult to mask, an important
consideration for the pediatric market. The manufacturers
concluded there was no reason to switch.
Memo from Sandoz Marketing Director, Oct. 13, 1988 <latimes.comlaOpen ↗
ppa_doc4,1,3384079.acroba t?coll=la-headlines-nation>
"There appears to be little, if any, upside business
potential in reformulating from both a consumer and
professional standpoint," wrote the marketing director of
pediatric cough and cold products for Sandoz in a 1988 memo
included in litigation records.
"Few consumers are aware of [over-the-counter] cough/cold
products' active ingredients," he wrote. "Fewer still would
be aware of any safety issues with PPA."
In depositions, many industry officials have tried to shift
responsibility to the FDA.
"My assumption was that if there was an issue of safety,
supported by sound evidence, that the Food and Drug
Administration would exercise their responsibility and take
the product off the market," Donovan testified. But FDA
officials said that until they received the final results of
the industry study, there was not sufficient evidence of
PPA's dangers to take it off the market or demand prominent
stroke warnings on labels.
The agency does not require manufacturers to report cases
of adverse reactions to certain drugs, like PPA, that have
long been available over the counter. That makes it
virtually impossible to track potentially dangerous trends
as they develop.
Some companies provide such data voluntarily, but research
has shown that underreporting is widespread.
FDA Estimate of Strokes Attributed to PPA <latimes.comlaOpen ↗
ppa_doc5,1,3449616.acroba t?coll=la-headlines-nation>
As a result, there are no reliable figures for how many
strokes may have been associated with PPA use. But in 2000,
FDA epidemiologists estimated that between 200 and 500
hemorrhagic strokes a year could be attributed to PPA in
people 18 to 49.
Although products with PPA are no longer for sale, Sen. Ron
Wyden, an Oregon Democrat who held hearings on PPA safety as
a congressman in 1990, said in an interview that he hoped
FDA officials would learn from the PPA experience.
"In 1990, there was already essentially a decade of evidence
that PPA could be causing health problems, and it was 10
years after I opened up these hearings that PPA came off the
shelf," he said. "There are real human consequences of slow,
stalling tactics. Loved ones don't come back, disabilities
don't disappear, just because PPA is off the shelf after
years of foot-dragging."
The 'Big Soldier'
Tracy Patton could never have imagined such a
tentative life.
FAITH: Prayer and family have sustained Tracy Patton. She
has recurring nightmares, often about brains.
Though only 5 feet 2, she was the first player off the bench
for her Scottsburg, Ind., high school basketball team when
it went to the state semifinals. She held the town's high
school long jump record -- 16 feet, 8 inches -- and won a
track and field scholarship to college. Before her stroke,
she mowed the yards at seven of her father's rental
properties every week.
Whenever Patton faced adversity as a child, when she
skinned a knee or was dragged to the dentist, her father
would tell her to "be a big soldier," and she took his
instruction to heart. Within her family and in her job as
the director of a foster care agency, she had a reputation
for determination and grit.
Patton says that on the drive to nearby Louisville for her
play rehearsal that night, she took a single tablet of Tavist-
D to unclog her sinuses. She hemorrhaged an hour later.
At the hospital, Patton's doctor told family members to
expect the worst, and advised them to say their goodbyes.
"She'll probably bleed out," he said. "We'll try to make her
as comfortable as we can." To their astonishment, just
before sunrise, she began to wake from her coma.
The surgeons cut a scythe-shaped incision in her head,
repaired her aneurysm with two metal clips and inserted
three metal plates in her skull. She lost 85% of the vision
in her left eye, leaving her to view the world as if through
Vaseline-smeared glasses.
"Shopping for brains, brains of all shapes and colors and
sizes, brains in jars."
-- Tracy Patton
These days, Patton struggles with simple math and the
concept of time. She keeps a printed inventory of her own
odd behaviors: "I have been found talking to pictures on
the wall. I have 'thanked' myself after I have poured
myself a drink." One day, she thought she saw a reindeer
driving a car.
Patton, who is single, tries to present a patina of
normalcy, but her daily routine taxes her strength. She has
recurring nightmares, often about brains. "Shopping for
brains, brains of all shapes and colors and sizes, brains in
jars," she said. "And then there's brain surgery. They want
me to go in and look at other people having brain surgery. I
wake up in a panic."
Patton still holds down her job, where her office
computer has been programmed with large-print type. But
she acknowledges she is able to work only because a
colleague has assumed many of her responsibilities. "She
does it all and acts like I did it," Patton said. "We
hide it really well."
ADAPTATION: Because Tracy Patton lost some of her sight, her
office has been equipped with large-type computers and
machines that magnify documents. Still, she struggles with
basic math.
On the day she came home from the hospital, a month after
her stroke, Patton celebrated her 38th birthday with family
and friends. She held an ice pack to her head as her
sister, Kim, read her cards aloud and handed her gifts -- a
scented candle, a collectible race car, and, most
utilitarian, a collection of hats. Then Kim presented the
cake she had baked in the shape of a brain. "Can you
imagine how many times it took me to make gray icing?" she
asked with a laugh.
But the day's most meaningful gift came from her father. It
was a simple sliver of silver, and he had had it engraved:
"#1 Big Soldier."
Hidden Dangers
Researchers estimate that hemorrhagic strokes, which occur
when blood vessels rupture and bleed into the brain, kill
more than a third of all victims within a month and leave
more than a third of survivors severely disabled. They
account for only 12% to 17% of the 700,000 strokes in the
U.S. each year, according to the American Stroke Assn., but
play a disproportionate role in making stroke America's
third leading killer.
Phenylpropanolamine, which was first synthesized around
1910, is one of a class of drugs that stimulate the
sympathetic nervous system, not unlike amphetamine and
cocaine. It also can constrict blood vessels and increase
the force of heart contractions. By narrowing blood vessels
in nasal mucous membranes, PPA allows air passages to open
up. The very same mechanism can, according to the FDA,
produce transient spikes in blood pressure.
Whether PPA can raise blood pressure to dangerous levels has
been the subject of extensive debate. After dozens of
studies and case reports, the cumulative weight of
scientific evidence suggests that PPA is not necessarily
dangerous to everybody, but that it can trigger lethal
reactions in some.
Studies found that the degree of blood pressure elevation
attributable to PPA depended on the type and quantity of
product taken, whether it was taken in combination with
stimulants like caffeine, whether the patient was otherwise
susceptible to high blood pressure, and whether it was
consumed while upright or lying down, when the impact
apparently is greatest.
Of particular concern was that PPA could produce adverse
effects in quantities that were only two or three times the
FDA's recommended dosing limits -- 150 milligrams per day
for decongestants and 75 milligrams per day for diet drugs.
The FDA takes the position that over-the-counter drugs,
while not risk-free, should be "relatively hard to get in
trouble with," said Dr. Robert J. Temple, the agency's
associate director for medical policy.
Some researchers, many of them bankrolled by drug
manufacturers, have held that PPA has minimal effects on
blood pressure. Most prominent is
Dr. George L. Blackburn, whose chair in nutrition medicine
at Harvard was endowed by the founder of Thompson
Medical Co., which created Dexatrim. Another is Dr. John
P. Morgan, who was Thompson Medical's part-time medical
director and who defended PPA in a 1985 text that was
heavily underwritten by the company.
Morgan acknowledged in an interview that he was paid "an
enormous amount of money" over the years by Thompson. "I
know some people thought that influenced the research, but
that was not the case," he said. He added that he still did
not believe PPA caused strokes. "But I've always been afraid
I'd be proved wrong," he said. "Maybe it does."
When the FDA began evaluating PPA in the 1970s, the agency's
expert panels recommended it be categorized as safe and
effective, while also noting reports of "idiosyncratic
reactions of central nervous system stimulation and/or blood
pressure rise." There was enough uncertainty about safety to
keep the agency from issuing a final ruling, placing PPA in
a regulatory limbo that allowed its continued marketing.
Proprietary Association Statement on PPA, May 1989 <latimes.comlaOpen ↗
ppa_doc6,1,3515153.acroba t?coll=la-headlines-nation>
As the body of research about PPA's potential hazards
expanded, the industry maintained there was no health risk.
In 1989, the Proprietary Assn. -- a forerunner of the CHPA
-- declared in a statement that PPA was safe, and asserted
that "clinically recommended doses of PPA produce no
clinically significant changes in blood pressure, heart
rate or EKG."
But even as the companies were publicly defending PPA,
one internal report after the next referred to its
potential dangers.
. Sandoz Memo on PPA and Pseudoephedrine, Jan. 19, 1989 <latimes.comlaOpen ↗
ppa_doc7,1,3580690.acroba t?coll=la-headlines-nation>
. Sandoz Safety Update on PPA, Nov. 25, 1996 <latimes.comlaOpen ↗
ppa_doc8,1,3646227.acroba t?coll=la-headlines-nation>
In 1989, for instance, a manager in the Sandoz medical
services department wrote that both PPA and pseudoephedrine
were "viable for use" in over-the-counter products but that
"each have had dire outcomes in small doses." The manager
then added: "It isn't only abuse or overdoses which cause
problems. Adverse effects are rare but can be serious."
By 1996, a confidential Sandoz "safety update" warned: "It
is conceivable that the intake of drugs containing this
active ingredient predisposes to or even causes
cerebrovascular accidents."
Dorsey Laboratories Memo on Cost of Reformulating with
Pseudoephedrine, March 25, 1983 <latimes.comlaOpen ↗
ppa_doc13,1,5250107.acrob at?coll=la-headlines-nation>
Some manufacturers had begun exploring the possibility of
reformulating their brands with other ingredients in the
early 1980s. But at Dorsey Laboratories, a division of
Sandoz, officials calculated in 1983 that a switch to
pseudoephedrine, which was more than twice as expensive as
PPA, would cost $1.4 million. Furthermore, a company
marketing survey concluded that awareness of PPA's possible
side effects was not yet widespread among physicians and
pharmacists.
Dorsey Laboratories Memo on Awareness of PPA's Possible Side
Effects, June 1984 <latimes.comlaOpen ↗
ppa_doc14,1,5315644.acrob at?coll=la-headlines-nation>
"Based on the reaction of these professionals, reformulation
to pseudoephedrine is not an urgent matter," wrote a staffer
in Dorsey's marketing research division.
Birth of a Study
In 1990, prompted by reports of PPA's dangers and its
growing use in diet drugs, then-Rep. Wyden held his
hearings. Some of the testimony was devastating.
After enumerating a laundry list of ailments, including
cerebral hemorrhage, that had been associated with PPA in
medical literature, Dr. Thaddeus E. Prout, then the chairman
of medicine at Greater Baltimore Medical Center, issued a
challenge: "I defy anyone to find another unregulated drug
that has such a record of disaster." Prout, an authority on
drugs, blamed the FDA for not moving against PPA. "Thousands
of people will suffer as a result of our negligence," he
predicted.
From the FDA's vantage point, the only way to truly
determine whether PPA users were at disproportionate risk
of stroke was to conduct an extensive epidemiologic study.
But since the agency does not itself sponsor research for
drug reviews, it had to rely on PPA manufacturers to
investigate the safety of their own products.
There was incentive for the companies as well. A long-term
study would keep PPA on the market, at least temporarily.
The industry sponsors -- Thompson Medical and Ciba Consumer
Pharmaceuticals (then the maker of the diet drug Acutrim) --
were involved in all major methodological decisions, as was
the CHPA. They chose investigators who were highly credible
with the FDA, but who also were known to be skeptical of any
connection between PPA and stroke.
Lawrence M. Brass, the Yale neurologist initially enlisted
for the study, said in an interview that he told the
industry sponsors in an early meeting that he "really didn't
see a lot of evidence for an association."
Similarly, the sponsors approved Dr. Louis C. Lasagna, who
had endorsed PPA's safety in a 1988 textbook, as chairman of
the study's three-member oversight committee.
In April 1994, as the investigators and the companies
applied the finishing touches to the study's design, Timothy
R. Dring, Ciba's assistant director of regulatory affairs,
wrote to one of the Yale researchers that the protocol "will
serve our research purposes quite admirably."
At the same time, Dexatrim's maker, Thompson Medical, broke
with the rest of the industry by disclosing on labels that
there had been reports that stroke and other conditions
"might be associated" with PPA.
Letter from Thompson Medical President Daniel N. Horwitz,
May 24, 1994 <latimes.comlaOpen ↗
ppa_doc17,1,5512255.acrob at?coll=la-headlines-nation>
It seemed a purely defensive move. Thompson's president,
Daniel N. Horwitz, stressed in a letter to the FDA that the
company "in no way believes that these reports are correct."
And CHPA officials made it clear that they disagreed with
the decision.
The companies not only continued to sell their products,
but also introduced new PPA brands, like Bayer's Alka-
Seltzer Plus children's cold medicine with "fizzy fresh
cherry taste."
Unexpected Findings
To the astonishment of the drug companies, the study
conducted by its handpicked researchers using their industry-
approved protocol produced bombshell results.
An examination of 702 stroke cases in people 18 to 49 years
old identified 27 victims, mostly women, who had taken PPA
shortly before their attacks. Their experience was compared
to a control group of 1,376 people.
The most significant finding was that women who had taken an
appetite suppressant with PPA were 16 times more likely to
have a stroke within three days than those in a control
group who had not taken any.
The study also found that the risk of stroke was three times
greater for women who had used PPA products for the first
time in the last 24 hours. "First use" meant that the
subject had not taken a PPA product in the previous two
weeks. All the first-users in the study had taken PPA cough
and cold remedies.
In their final report to the FDA, the investigators
concluded that "the association of PPA with risk for
hemorrhagic stroke is present for both customary indications
for PPA (as a cough-cold remedy and an appetite
suppressant)."
For all subjects -- regardless of gender, the type of
product taken or the timing of ingestion -- the risk of
stroke increased by 50%. But that finding, like some others,
fell short of statistical significance.
Upon learning the results on Oct. 17, 1999, the members of
the study's oversight committee -- including Lasagna, who
had previously written so confidently about PPA's safety --
unanimously approved the findings and instructed the
researchers to notify the FDA immediately.
The next day they did, placing telephone calls to officials
at the agency and to the leaders of the trade association.
Industry officials feared that the study would prompt FDA
action against all forms of PPA, and began mounting a
counteroffensive.
E-mail from Whitehall-Robins' John Incledon, Oct. 6, 1999
<latimes.comlaOpen ↗
ppa_doc19,1,5643329.acrob at?coll=la-headlines-nation>
Even before the Yale results were disclosed, the industry
had started considering worst-case scenarios. "We need to be
thinking offense here not just defense," wrote John
Incledon, vice president of the respiratory business unit of
Wyeth's Whitehall-Robins Healthcare division, in an e-mail
to a colleague on Oct. 6, 1999. "The timing of this is ideal
for news stations to pick up on it in droves. It's Yale,
it's cold season and it's in children's products."
. Letter from CHPA Senior Vice President R. William Soller
to Dr. Ralph
I. Horwitz, Oct. 26, 1999 <latimes.comlaOpen ↗
ppa_doc20,1,5184569.acrob at?coll=la-headlines-nation>
. Letter from Soller to Horwitz, Oct. 27, 1999 <latimes.comlaOpen ↗
ppa_doc21,1,5250106.acrob at?coll=la-headlines-nation>
. Letter from Novartis lawyer, Oct. 29, 1999 <latimes.comlaOpen ↗
ppa_doc22,1,5315643.acrob at?coll=la-headlines-nation>
Once the study was finished, the FDA asked the doctors to
summarize their findings in a letter. Dr. R. William Soller,
then the senior vice president of the CHPA, wrote to one of
the researchers to insist that any report to the FDA stress
PPA's overall safety record. The next day, he wrote again,
this time warning that the Yale investigators may have
violated their contract by communicating results to the FDA
before fully vetting them with the industry sponsors. Two
days later, a lawyer for Novartis accused the Yale doctors
in a letter of committing "a serious breach" by prematurely
disclosing the results.
The doctors were taken aback. "We contend that we were in
full compliance with the contract," Dr. Walter N. Kernan,
one of the Yale researchers, said in an interview. "Neither
the university nor the investigators were going to allow
anything to get between us and what we perceived as the best
interest of the public."
The FDA, meanwhile, told the researchers that any
communication with the agency would have to be public. It
quickly scheduled an open meeting of its Nonprescription
Drugs Advisory Committee, a panel of experts whose
recommendations were almost always endorsed by the FDA
commissioner.
But the doctors said their data needed further refining and
analysis before public release. And the industry told the
FDA it could not prepare a public defense so quickly.
In the end, the panel's meeting was pushed off by more than
10 months, with much of that time marked by parrying between
the Yale doctors and the industry over the research methods
they had agreed to five years earlier. In the meantime, the
public remained unaware of the study's findings, and
products with PPA stayed on the market.
"I think the companies wished that we'd never reach the
final stage," said Dr. Ralph I. Horwitz, a clinical
epidemiologist who helped lead the Yale team, "because the
longer the process was underway, they were able to avoid
finally dealing with the consequences of the research."
Horwitz, who is now dean of the Medical School at Case
Western Reserve University, said the delay left issues of
consumer safety in suspension. "I do think that had they
been able to see the study findings as soon as the data
were available, that the FDA would have felt obliged to
issue a warning in the interest of public health and
safety," he said.
The FDA's Ganley said the agency could not act without a
final report. "Why would we put out something like that when
we didn't really have the data in hand?" he asked. "We would
be criticized, and justifiably so."
Circling the Wagons
Ruder Finn Draft Public Relations Advisory, Feb. 29, 2000
<latimes.comlaOpen ↗
ppa_doc23,1,5381180.acrob at?coll=la-headlines-nation>
As the clock ticked toward some form of FDA regulation, the
companies enlisted a battalion of consultants to analyze the
study. They hired a public relations firm, Ruder Finn, which
suggested in a draft memo that the industry argue that PPA-
related jumps in blood pressure were "within the range of
increases associated with routine daily activities, such as
climbing stairs or mowing the lawn," according to
correspondence from CHPA's Totman.
Bayer E-mail Summarizing Industry Meeting on Yale Study,
Jan. 24, 1999 <latimes.comlaOpen ↗
ppa_doc24,1,5446717.acrob at?coll=la-headlines-nation>
One Bayer memo about a meeting of an industrywide PPA task
force said it had been noted that the FDA's Temple had an
unfavorable position on PPA and that "efforts should be made
to steer the media away from him."
Letter from Chattem President A. Alexander Taylor II to CHPA
Senior Vice President R. William Soller, Oct. 25, 1999 <latimes.comlaOpen ↗
ppa_doc26,1,5577791.acrob at?coll=la-headlines-nation>
At Chattanooga, Tenn.-based Chattem, which had just bought
Dexatrim, President A. Alexander Taylor II wrote to Soller
that he feared "an avalanche of negative publicity" if the
study were to become public before it could be reviewed by
the industry sponsors.
Letter from Chattem President A. Alexander Taylor II to Sen.
Bill Frist, Feb. 4, 2000 <latimes.comlaOpen ↗
ppa_doc28,1,5708865.acrob at?coll=la-headlines-nation>
Taylor appealed to his home-state senator, Tennessee
Republican Bill Frist, a physician, to intervene with the
FDA. Taylor began a Feb. 4, 2000, letter by mentioning that
a prominent Frist donor served on the Chattem board of
directors and that the company's chief executive officer was
the brother of a Frist county reelection chairman. "I am a
very proud contributor to your current campaign," Taylor
continued.
"A few more months of study before any public release of
this data will not harm the public health, and may benefit
it," he wrote.
Frist never responded. "It fell on deaf ears," Taylor said
in a deposition.
As the months passed, the companies saw that it was time to
reformulate.
In December 1999, Novartis had kick-started its efforts to
remake Triaminic with pseudoephedrine. Wyeth also set a
quick timetable for reconstituting Dimetapp, then slowed
down as the FDA postponed its advisory committee meeting.
Wyeth Memo About Delaying the Reformulation of Dimetapp,
April 11, 2000 <latimes.comlaOpen ↗
ppa_doc29,1,5774402.acrob at?coll=la-headlines-nation>
"It appears that we have a bit more time than we originally
expected on a decision from the FDA on PPA," wrote Wyeth's
senior product manager for Dimetapp in an April 2000 memo.
"By launching in January 2001 instead of September 2000 (the
peak of the cough/cold season), we will be able to better
manage open stock and display inventories."
Whitehall-Robins Draft Memo About Returns of Robitussin CF
with PPA, May 21, 2000 <latimes.comlaOpen ↗
ppa_doc30,1,5315642.acrob at?coll=la-headlines-nation>
In May, a draft memo from Wyeth's Whitehall-Robins division
addressed whether retailers should return stocks of
Robitussin CF when they began receiving shipments of PPA-
free replacements. The answer: "NO. Again, the decision to
reformulate was voluntary. Therefore, current stock is
perfectly safe and effective for use. We will not be
accepting returned product for the new formula."
David E. Dukes, a lawyer for Wyeth, stressed in an interview
that the companies and the FDA were still evaluating the
Yale study at that point. "At the senior levels, where
decisions were being made about Dimetapp and Robitussin CF,
safety was the primary concern," he said.
Meanwhile, even the consultants brought in by industry found
it difficult to dismiss the study's conclusions.
Report by Bayer Consultant on Yale Study, Nov. 10, 2000 <latimes.comlaOpen ↗
ppa_doc31,1,5381179.acrob at?coll=la-headlines-nation>
Ds. James Lewis, a University of Pennsylvania
epidemiologist who had been commissioned by Bayer,
wrote that the Yale researchers showed "fairly
convincing evidence of an association between PPA use
and the risk of hemorrhagic stroke."
Like other consultants hired to critique the study, however,
he also guided his client toward a strategy for attacking
the fragility of the findings. With such a small number of
PPA-related stroke cases, he wrote, any methodological bias
could affect the statistical significance of a result.
"We came out and said we don't like our own study."
-- James D. Cope, former president, Consumer Healthcare
Products Assn.
The industry seized on that approach. "We came out and said
we don't like our own study," said Cope, the former CHPA
president. "It's predictable: If the results don't come out
the way you like, since there's no such thing as a
bulletproof study, you point out the weaknesses in it."
Under increasing pressure from the FDA, the Yale doctors
submitted their final report on May 10, 2000. Though they
stopped short of saying PPA could cause hemorrhagic stroke,
they later emphasized that "causation is one explanation for
that association."
. FDA Statistical Review of Yale Study, Sept. 26, 2000 <latimes.comlaOpen ↗
ppa_doc32,1,5446716.acrob at?coll=la-headlines-nation>
. FDA Epidemiologists' Analysis of Yale Study, Sept. 27,
2000 <latimes.comlaOpen ↗
ppa_doc33,1,5512253.acrob at?coll=la-headlines-nation>
The FDA staff quickly sided with the researchers. An FDA
statistician praised the study as one of the best he had
reviewed in the last decade. A pair of FDA epidemiologists
were so persuaded that they took the unusual step of
recommending that PPA-containing appetite suppressants be
banned as over-the-counter products.
"The study demonstrated a statistically significant
increased risk of hemorrhagic stroke among both appetite
suppressant users and first time users of PPA as a
cough/cold remedy," their report concluded. The
recommendation for a ban infuriated industry officials, who
complained it would unfairly sway the advisory panel, now
scheduled to meet on Oct. 19.
At the advisory committee meeting, Dr. Noel S. Weiss, a
University of Washington epidemiologist who had been hired
by the CHPA, honed in on the disparity in the study's
findings for different types of products. "Why an
association with appetite suppressant drugs and not for
colds and such when the typical doses given for colds are
higher than for appetite suppressants?" he asked.
But the attack on the study was so broad that it ultimately
undercut the industry's cause, FDA officials said. "They
essentially trashed the study, even though they are the ones
who designed it and financed it," Ganley said.
FDA Request that Manufacturers Stop Marketing PPA, Nov. 3,
2000 <latimes.comlaOpen ↗
ppa_doc34,1,5577790.acrob at?coll=la-headlines-nation>
The advisory panel voted unanimously, with a few
abstentions, that PPA could not be considered safe. A few
weeks later, the agency told manufacturers it expected to
classify PPA as not safe for over-the-counter use and asked
that they voluntarily discontinue marketing the products.
The evidence of an association, while not conclusive, had
been persuasive.
"If someone wanted you to swear it must be true, I wouldn't
do that," said the FDA's Temple. "But we thought it was
enough. Look, if the drug were lifesaving, if it was
something of immense value and had no replacements, you'd
have to think about it. But it wasn't."
Stolen Youth
A LIFE IN THE BALANCE: Slowly, Tricia Newenham began
awakening from her monthlong coma in a Maine hospital.
Tricia Newenham suffered her stroke the week before the
advisory committee met. As her neurosurgeon prepared to
remove the damaged tissue from her brain, he warned her
parents she might not survive her eight hours on the table.
Three days later, before a second operation to remove a
blood clot, her mother had her baptized, just in case.
Tricia made it through, but she would never be the same.
Before her stroke, she stood a gangly 5 feet 6 and weighed
106 pounds. She was becoming a woman, and had developed a
serious case of the boycrazies (login: kissable98; password:
puckerup). She never left her house in Steuben, Maine,
without her hair and makeup just right. She had given up
basketball and softball and swimming in vanity over her
skinny legs.
Now 18, Newenham weighs 196 pounds, the consequence of
medication and a captive life in which junk food provides a
rare escape. Once a promising artist who had imagined a
career in design, she passes the time rocking gently in a
blue recliner, listening to the drone of soap operas.
Newenham can brush her teeth and wash her hands, but she
does not always know when to stop. Clinging fast to her
femininity, she insists on shaving her own legs, but leaves
them scabby with cuts.
She hears a lot and comprehends much, but she has difficulty
processing thought and even more in communicating it. When
asked a question, she struggles to find the most economical
answer, usually a word or two, often a guttural "I don't
know," with little intonation.
A LIFE OF BOREDOM: Tricia Newenham spends much of her time
at home in a recliner, listening to the drone of soap
operas. Once a joyful, outgoing teenager, she now leads a
life with few friends and little stimulation.
Is she in physical pain? "No." Is she angry? "No." Is she
sad? "No." Is she frustrated? "Yeah."
What are her favorite things to do? "Sleep and eat."
What does she like to eat? "Chop suey." What else? "I
don't know."
What does she remember about her old life? "Boys."
Is she content or bored with her life? "I get bored." What
does she wish she were doing? "I don't know. Going out
with friends."
And then she begins to cry. And cry and cry.
While Newenham lingered in a coma after her stroke, the
doctors advised her parents to consider a nursing home.
Even if Tricia came to, she would not be the daughter they
had known.
But ever so slowly, Tricia started waking up. First, a tear
would form in the crease of her eye. Sometimes, when her
mother talked to her, Tricia would reward her with a
muffled, choking cry.
HELPING HAND: Tricia Newenham carefully navigates the steps
at her home in Steuben, Maine. A stroke left Tricia reliant
on others just as she was asserting her independence. "We
have grown to love her and accept her the way she is," her
stepfather says.
Patricia Bybee told the doctors she was taking her daughter
home. "I just sensed that she was in there," she said. Two
months later, Tricia had spoken her first word: "M-m-m-om."
Three months after that, she could walk.
When the paramedics came to the house on the day of the
stroke, they asked Bybee what medications Tricia had taken.
"Only Triaminic," she said. It was months later, after the
FDA had asked drug companies to withdraw their PPA products,
that she learned of the possible connection between cold
medicines and stroke.
Bybee, a nurse's assistant, and her husband, Tim, a plumber,
went deep into debt to pay off medical bills. They say a
settlement reached last year with Novartis will relieve
their debts and cover the cost of Tricia's attendance at a
school for the blind near Boston.
After three years, they have slowly adapted to their new
reality, and lowered their expectations.
"We would give anything to have her back the way she was,"
said Tim Bybee. "But we have grown to love her and accept
her the way she is."
Softening the Blow
The withdrawal of PPA was a tough loss for the companies,
but they had succeeded brilliantly in minimizing the impact.
The study's long duration bought five years to market PPA
products without restriction. And the post-study delay
provided time to formulate products without PPA, which began
shipping within days of the withdrawal.
Throughout, the manufacturers remained defiant.
As late as Oct. 25, 2000, six days after the FDA advisory
committee voted that PPA was unsafe, Novartis' director of
medical affairs sought to reassure doctors about the safety
of PPA, particularly for children, who he pointed out were
not included in the Yale study.
"As you know, hemorrhagic stroke is exceedingly rare in the
pediatric population," Dr. Geoffrey Ross wrote.
Letter from Novartis to Doctors About PPA, Oct. 25, 2000 <latimes.comlaOpen ↗
ppa_doc35,1,5643327.acrob at?coll=la-headlines-nation>
"Particular to the pediatric population, PPA plays a
significant role in reducing missed school days and in
promoting effective symptom relief."
The researchers submitted a scientific article on their PPA
study to the New England Journal of Medicine, reporting a
statistically significant risk of stroke for women taking
PPA diet drugs and a possible association between
decongestant use and stroke in women. The journal considered
the findings important enough to post the article on its
website Nov. 6, six weeks before it came out in print.
FDA Public Health Advisory, Nov. 6, 2000 <latimes.comlaOpen ↗
ppa_doc37,1,5774401.acrob at?coll=la-headlines-nation>
The same day, the FDA issued a public health advisory that
consumers should not use PPA products. Health officials in a
number of countries, from Canada to Malaysia, quickly
followed suit.
Finding herself stuck with millions of dollars' worth of
useless pills Chattem's Dexatrim brand manager suggested to
a colleague in an e-mail -- produced by the company for
litigation -- that they sell the inventory to a sampling and
promotion company known as Box of Brands.
Chattem Email Exchange About Dexatrim Inventory, October
2000 <latimes.comlaOpen ↗
ppa_doc40,1,5446715.acrob at?coll=la-headlines-nation>
Andrea M. Crouch, the vice president of toiletries
marketing, responded enthusiastically. "I think using Box of
Brands is an excellent idea!" she wrote. "I see no downside
-- so what if they divert! I will be surprised if they don't
have a problem with PPA but let's go for it!"
Crews Townsend, a lawyer for Chattem, called the proposal
"part of the brainstorming process" and said the company
never sold its Dexatrim inventory to Box of Brands. Instead,
he said, it was destroyed.
Draft Remarks Prepared for Delivery to Whitehall-
Robins/Wyeth Banquet, Dec. 5, 2000 <latimes.comlaOpen ↗
ppa_doc41,1,5512252.acrob at?coll=la-headlines-nation>
At Wyeth, gallows humor set in. When a speech was drafted
for an executive to deliver at an awards banquet several
weeks before Christmas 2000, it included a line about the
need to dispose of large quantities of Dimetapp and
Robitussin CF: "When you're sorting this year's holiday gift
list by 'naughty and nice,' don't think 'lump of coal,'
think 'product with PPA.' " By the time a final draft had
been prepared, that opening had been replaced by an off-
color joke about the 2000 presidential campaign, according
to a copy provided by lawyers for Wyeth.
Virtually all of the firms took one-time accounting losses
because of the withdrawals -- $80 million for Wyeth, $54
million for Bayer, $50 million for Novartis and $8 million
for Chattem, according to corporate filings and statements.
But for the most part, the losses were short-lived. Thanks
to the quick reformulation and shipment of PPA-free
Dimetapp, domestic sales of the product rose 50% in the
first quarter of 2001. Meanwhile, 2001 sales of Dexatrim
Natural, the non-PPA version of Chattem's diet aid, "more
than made up for lost sales" due to the discontinuation of
Dexatrim with PPA, according to an annual report.
The Battle Continues
Chattem announced in December that it would seek to settle
most of its 332 PPA lawsuits. It had already agreed last
year to pay $3.5 million to Jennifer Villarreal, a Texas
hairstylist who collapsed at a gym on March 6, 2000,
allegedly after taking a Dexatrim pill.
The company also said it had reached settlements with
insurers who alleged in lawsuits that Chattem had applied
for liability policies without disclosing the Yale results.
Townsend, the Chattem lawyer, said the settlements did not
indicate that the company had changed its belief that
Dexatrim with PPA was a safe and effective product.
Novartis agreed to make payments to Tricia Newenham and her
family last year on the condition that the terms remained
confidential, according to her mother. Novartis would not
answer questions about Newenham, and neither Novartis nor
the other companies would disclose details about other
settlements.
WILLPOWER: Tracy Patton continues to work as director of a
foster care placement agency but only because colleagues
have assumed many of her duties. Doctors and scientists
cannot say for sure that PPA caused Patton or any other
victim to have a stroke.
Thousands of plaintiffs, including Tracy Patton, have
lawsuits pending against PPA drug makers, but only a few of
those cases have made it to trial. This year, juries in New
Jersey and California rejected claims by plaintiffs that
Novartis products had caused their strokes. In both trials,
the victims had had a variety of risk factors for stroke,
and their strokes occurred before the Yale study was
completed.
"Our company is extremely gratified that two diverse juries,
from opposite ends of the country, reached the same
conclusions after an exhaustive airing of all the evidence,"
said Nancy Fitzsimmons, vice president for global
communications of Novartis Consumer Health.
The industry's efforts to discredit the Yale study have
continued in court, with defense lawyers trying to poke
holes in enough of the study's PPA-related stroke cases to
negate its findings.
The dispute has become increasingly personal. Drug company
lawyers have hypothesized a conspiracy that has the Yale
doctors manipulating data to strengthen their chances of
finding an association. Such a finding, the industry lawyers
suggest, would help the researchers win promotions and
publication in a top journal.
"Those investigators were very vulnerable to human
frailty, to human desires and human error; driven by a
desire to succeed, to obtain recognition," said Jan E.
Dodd, a lawyer for Novartis, in her closing argument in
the California trial.
In constructing their theory, defense lawyers have focused
on a midcourse shift by the researchers in defining when a
stroke begins.
E-mail from Dr. Walter N. Kernan, Oct. 15, 1998 <latimes.comlaOpen ↗
ppa_doc42,1,5577789.acrob at?coll=la-headlines-nation>
In one case, the investigators set the onset of a stroke one
hour after the patient had taken PPA, even though the
patient had begun suffering a headache -- potentially an
early sign of stroke -- six days earlier. The companies have
made much of a 1998 e-mail sent by Yale researcher Kernan to
his colleagues saying the strategy of shifting the time of
onset "effectively increases our likelihood of finding an
association" between PPA and hemorrhagic stroke.
Kernan said in an interview that he was just stating the
obvious, and not suggesting that data could be tweaked to
produce a desired result.
"Sloppy research does not get you promoted at Yale," he
said. "Lack of integrity gets you fired. The investigators
had no stake in the outcome of the research."
Brass, the Yale neurologist, joked that given the drug
industry's financial support for friendly scientists, the
researchers would have had more incentive to skew the study
in PPA's favor. "If we were thinking payoff, we should have
shown PPA as safe," he said. "I would have had a chair. Yale
would have a whole division dedicated to the study of
obesity. But we don't fix studies. We just do them."
Some in academic medicine worry that the industry's attacks
on the Yale doctors might discourage researchers from
pursuing similar studies. "With the amount of hassle and
harassment that they had to endure, I'm sure the next time
they're asked to undertake something like this, they'll
wonder if it's worth the cost," said former FDA Commissioner
David A. Kessler, now the dean of medicine at UC San
Francisco.
The Yale doctors, said Horwitz, clearly were naive about the
industry's willingness to assail their integrity. "I love
arguing about the science," he said, "but this is
outrageous, especially considering who was making the
accusations. It was their study."
Kevin Sack is a Times staff writer based in Atlanta; Alicia
Mundy is a special correspondent based in Virginia.
Researcher Janet Lundblad in Los Angeles contributed to
this report.
<latimes.comla naOpen ↗
ppa28mar28-1,1,2552623 .htmlstory?coll=la-headlines-nation>
. Left in the Dark <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #left>
. The 'Big Soldier' <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #big>
. Hidden Dangers <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #hidden>
. Birth of a Study <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #birth>
. Unexpected Findings <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #unexpected>
. Circling the Wagons <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #circling>
. Stolen Youth <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #stolen>
. Softening the Blow <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #softening>
. The Battle Continues <latimes.comla naOpen ↗
ppa28mar28-1.htmlstory #battle>
GRAPHICS
<latimes.comlaOpen ↗
032604druglist-g,1,446934
4.graphic?coll=la-headlines-nation>
PPA facts <latimes.comlaOpen ↗
032604druglist-g,1,446934
5.graphic?coll=la-headlines-nation>
<latimes.comlaOpen ↗
032704ppa2-g,1,4700341.ac robat?coll=la-headlines-nation>
Example of drug makers' strategy <latimes.comlaOpen ↗
032704ppa2-g,1,4700341.ac robat?coll=la-headlines-nation>
DOCUMENTS
A library of some of the supporting materials used in this
article <latimes.comla naOpen ↗
ppa28mar28-pdfs,1,3157
6.gallery?coll=la-headlines-nation>
Copyright 2004 Los Angeles Times