fter investigating the death of a young,
healthy volunteer last month in a research study at Johns Hopkins University,
a federal oversight agency yesterday suspended almost all the university's
federally financed medical research involving human subjects.
One reason for its action, the agency, the Office for Human Research
Protections, said in a letter to Hopkins, was that the ethics committee that
approved the study in question had failed to take proper precautions to
protect its subjects. Suspending research is an unusual step.
Johns Hopkins receives more federal research money than any other
university, $310 million last year. But a spokeswoman for the university said
she did not know how many studies or how many subjects would be affected.
To resume the studies, the agency said, the university will have to
address concerns raised in the letter, restructure its system for protecting
human subjects and develop a plan to make sure its ethics committee and
researchers are educated in the regulatory requirements for protecting human
subjects. Hopkins said the agency agreed today to expedite its review of the
university's response. It is not clear how long the process will take.
The volunteer, Ellen Roche, died on June 2, a month after she inhaled an
unapproved drug as part of a research study to examine the causes of asthma.
Her lungs were destroyed, apparently by the chemical she inhaled,
hexamethonium. She was 24 and a technician at Johns Hopkins.
Hopkins officials reacted with outrage to the suspension of research, issuing
a statement calling the action "unwarranted, unnecessary, paralyzing and
precipitous" and "an extreme example of regulatory excess."
They pointed out that the suspension could have "potentially
devastating" effects, stopping studies that included cancer patients
receiving experimental drugs.
The university said that tens of thousands of people had volunteered for
its medical studies and that Ms. Roche was the only one who had died. And,
the medical center said, it had recognized its deficiencies and had taken
action to correct them.
The continuing examination of what went wrong at Hopkins has raised broader
questions about how tightly the government should regulate academic research.
The Food and Drug Administration says scientists should seek its approval for
any study involving new or unusual uses of drugs, but the agency does not
police the universities to make sure they comply. Some researchers have
sought F.D.A. approval, but others, like the researcher at Hopkins, have not.
Hopkins says the F.D.A. has not made its policy clear.
The F.D.A. said the researcher, Dr. Alkis Togias, should have sought
approval from the F.D.A. before he began his study. That could have required
voluminous work to assess the drug's safety and the study's design, but some
medical experts say such a review could have prevented Ms. Roche's death.
"What we are talking about is a system of controls that works to
protect human subjects," said Dr. David Lepay, who is a senior adviser
for clinical science in the office of the F.D.A. commissioner. "Our
regulations are fairly specific. It is not a question of how many subjects
are in the study or whether the study is being used for purposes of
marketing. What we are talking about is the study of an unapproved drug in a
clinical investigation."
But the agency's policies have been unclear, some medical experts say, and
academic scientists doing basic research have not felt bound by the same
rules that govern researchers at drug companies.
At Covance Laboratories in Madison, Wis., a
company that does drug research under contracts for universities and
industry, the opinion was that basic research not involving drug development
did not require the drug agency's approval.
"To do an experiment without the F.D.A.'s review is O.K. as long as
it is based on strong scientific evidence and it has peer review," said
Anthony Clemento, the company's vice president for regulatory affairs.
Drug companies had the impression that academics played by different rules.
"The F.D.A. has a double standard," said Dr. Bert Spilker, who
is vice president for scientific and regulatory affairs at the Pharmaceutical
Research and Manufacturers of America. "The standards for industry are
much higher than those followed by academic investigators."
Applying to the F.D.A. could cost millions of dollars, Mr. Clemento said. The
paperwork typically takes months and costs $50,000 to $60,000, he said. The
application requires an extensive review of published papers that could
uncover drug toxicities, and the agency could require exhaustive testing in
animals before the drug is given to humans.
William Vodra, a former F.D.A. lawyer now working for the Washington law
firm Arnold & Porter, said drug companies are used to getting agency
approval and have entire staffs whose job it is to make sure the job gets
done. Universities have no such resources, Mr. Vodra said, which could make
it very hard to comply with F.D.A. regulations.
"If the F.D.A. holds their feet to the fire, I think it's going to be
a major disruption to academic research," he said. "The
universities don't have the infrastructure."
Hopkins officials said there was confusion about when to seek the agency's
approval. In 1997, the head of the ethics board at the medical center, which
approves research using human subjects, sent a letter describing a
hypothetical situation involving the application or inhalation of naturally
occurring substances, like the hormone bradykinin. Was F.D.A. approval
necessary for such studies, he asked.
Two years later, the F.D.A. said that the question was complicated and that
the agency was working on a reply. The university tried again to get an
answer on April 19 of this year, but got no reply.
Dr. Lepay said the F.D.A. thought Hopkins was looking for information on
studies that fall into a gray area, not ones involving unapproved drugs like
hexamethonium.
In the meantime, Dr. Togias went ahead with his study, without applying to
the F.D.A. After assessing hexamethonium's safety by searching the medical
literature, he concluded that its main side effect was a possible transient
lowering of blood pressure. The ethics committee approved his study, which
was to involve 10 healthy volunteers.
He then bought hexamethonium, sterilized it and began giving it to his study
subjects, in amounts as high as 1 gram each. Some doctors said that was an
extraordinarily large amount to inhale.
The first person developed a cough and shortness of breath but got better in
a week. Dr. Togias did not report those symptoms, deciding that the volunteer
had caught a cold or that her symptoms were caused by the acidity of the
hexamethonium solution. He altered the chemical to make it less acidic and
gave it to a second volunteer, who had no adverse effects.
On May 4, he gave the chemical to Ms. Roche.
She began feeling ill the day after she took the drug. A few days later she
was admitted to the hospital, the air sacs of her lungs collapsing. Her lungs
failed and she died on June 2, after weeks in an intensive care unit,
tethered to a respirator. A Hopkins committee investigating the death
reported last week that the hexamethonium was probably what killed her. And
it found reports in the medical literature that Dr. Togias had apparently
missed, indicating that the chemical might injure the lungs.
If Dr. Togias had gone to the F.D.A. first, his study probably would not have
been approved, some medical experts said.
Asked if he would approve a study that, like Dr. Togias's, gave volunteers a
gram of hexamethonium, Dr. Lepay said, "I have a personal problems with
that concept, but I don't want to go out and say what makes a decision on the
part of our review division."
Could the F.D.A. even handle an onslaught of applications from academic
researchers? "This is clearly something we are going to have to look
into," Dr. Lepay said.
But, he added, the issue was discussed in the agency recently and "the
unanimous opinion was that they universally encouraged" seeking agency
approval.
Some who have worked at the F.D.A. said that was a change of attitude. In
the past, they said, the agency has not been eager to take on the extra work
of reviewing applications to do basic research.
Jerome Halperin, the president and chief executive of the Food and Drug Law
Institute, a nonprofit organization in Washington, said that when he was at
the F.D.A., in the late 1970's and early 1980's, officials decided that it
simply was not worth their time to vigorously regulate basic research at
universities. "We tried to clear out of the system things that did not
provide useful information for drug development and did not raise the level
of safety concern," Mr. Halperin said. "Most of the academic
experiments were of much lower orders of risk."
And so, he said, when academic researchers inquired about getting F.D.A.
approval for their studies with human subjects, "we almost discouraged
them" from applying.
But the time, expense and trouble it would take for academics to submit their
research proposals and for the F.D.A. to review them are no excuse to let
them slip by, said Dr. Spilker of the pharmaceutical manufacturers group.
"You have to consider benefit-risk issues,"
he said. "The risk is far too great. That's why we have standards."
If someone had asked him about agreeing to inhale a gram of hexamethonium in
a study that had not been approved by the F.D.A., Dr. Spilker said, he would
have told them to refuse. "I would never want anyone to go into a study
like that, never."