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Patients never knew
the full danger of trials they staked their lives on
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By Duff Wilson and David Heath
Seattle Times staff reporters
(Page 1 of 3) Next
Copyright ©
2001 The Seattle Times Company
AT A KITCHEN TABLE in a noisy apartment in the Flatbush neighborhood
of Brooklyn, N.Y.:
David Blech, a 24-year-old songwriter and entrepreneur, sits with his
brother and father. Like expectant parents choosing a baby name, they
bark ideas for what to call their just-invented company: "DNA
Techniques." "Hybridoma Service Center." "Genetic
Systems."
"That's it!" Blech calls out, rising excitedly.
"Genetic Systems Company!"
The Blechs will start with that name. They will use it, shares of
stock and personal charm to recruit top cancer doctors to jobs and board
positions. And, they dream, they will all get rich in the nascent
biotechnology boom of the 1980s.
AT A KITCHEN TABLE in a quiet house in rural Heflin, Ala., five years
later:
Becky Wright, a 36-year-old housewife and mother of three, sits with
her husband, Pete, owner of the local drugstore. Their talk is not about
dreams, but a nightmare: Becky has leukemia.
Pete has searched for the best place in the world to take his wife for
treatment. His choice: the Fred Hutchinson Cancer Research Center in
faraway Seattle.
They are hopeful. "The Hutch" is the pioneering institution
in transplanting bone marrow - by then a proven treatment for the type of
leukemia Becky Wright has - and she is the perfect candidate, with a
donor sister whose marrow matches hers.
Doctors tell the Wrights that with a standard transplant, chances are
good that Becky will live to see her youngest, a 5-year-old girl, grow
up.
But when the couple travels to Seattle in 1985, Becky is not given a
standard transplant.
Instead, she is thrust, unwittingly, into a world where the quest for
cure gets tangled in the pursuit of fame and fortune. The world of David
Blech.
At the urging of her Hutchinson Center doctors, Becky Wright joins an
experiment in which eight manmade proteins are added to her sister's bone
marrow before it is transplanted.
Some of those proteins belong to a Seattle biotech company - a company
named Genetic Systems.
Some of Wright's doctors at The Hutch were among David Blech's
recruits. The doctors - and The Hutch itself - had financial ties to the
company Blech and his family had invented in their Flatbush flat.
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Becky and Pete Wright
leave the hospital after her first bone-marrow transplant, in 1985.
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By the time Wright was enrolled in the clinical trial, the doctors
knew it wasn't working. Transplants were being rejected at alarming
rates. New cancers were appearing and old ones reappearing far more than
they normally would.
All were problems directly attributable to the experimental treatment.
The doctors didn't tell the Wrights any of that.
Not about the 11 patients who had already died. Not about other,
less-dangerous ways of treating her disease.
Not about their own financial interests.
Becky Wright died of causes directly attributable to this experiment,
as did at least 19 other people, according to evidence in medical
journals and Hutchinson Center documents.
Odds are high that some of them would otherwise have survived a
standard transplant and lived full lives. Many of the others likely would
have lived at least a year or two longer than they did --a year or two
they would have shared with their spouses, their children, their families
and friends.
The story of Protocol 126, as this experiment was called, has never
been told. Federal and state investigators looked into Protocol 126 for a
while, then closed their investigations half-completed - leaving one
investigator "saddened and alarmed" at the lack of
follow-through.
During the 12-year span of the trial, several doctors at The Hutch
tried to curb it. They said it was hurting rather than helping patients,
and that mice or dogs rather than humans should be the test subjects.
They complained that patients weren't being told about the risks, the
alternatives, the researchers' financial conflicts.
As Dr. John Pesando, a member of a Hutch committee charged with
protecting the rights of patients, wrote to federal officials in 1998:
"Many patients died at the Fred Hutchinson Cancer Research Center
when the Institutional Review Board charged with protecting them was
shamelessly used and abused by senior staff."
Hutch management "denied the existence of financial conflicts of
interest, refused to halt the protocols, and refused to have protocols
reviewed by independent outside examiners," Pesando wrote.
The researchers involved were Dr. E. Donnall Thomas, Hutch co-founder
and clinical director and winner of the 1990 Nobel Prize in medicine; Dr.
John A. Hansen, head of a tissue-typing lab and later clinical director;
and Dr. Paul J. Martin, a young oncologist.
When the review board questioned the work of these doctors, Pesando
said, board members were "lied to, intimidated, ignored and
punished." Thomas argued in writing that it was the board's job to
promote, not hinder, the research.
That's not what federal law says. By law, the board was to ensure that
risks to patients in clinical trials were minimized in relation to
potential benefits, and that patients fully understood those risks before
consenting to participate.
More than 100 interviews and 10,000 pages of documents - including
Becky Wright's consent form - reveal that neither occurred in Protocol
126.
Thomas refuses to discuss the trial or his financial holdings. The
other doctors involved defend their actions, saying they were driven by
science and that money issues didn't affect them.
Martin adds: "I don't think survival is the best measure of
outcome in these studies."
Fifteen years after his late wife began her treatment at The Hutch,
Pete Wright, who still runs the Wright Drug Co. in Heflin, was shocked to
learn all he didn't know: That other Hutch doctors had tried to stop the
experiment. That the doctors running the trial had financial interests in
it. That there was an alternative treatment with a higher likelihood of
success.
"To say it's disturbing is an understatement," Wright said.
"All these years I have told myself that she got the very best
care possible and I swore that would be the case when she was diagnosed.
It makes me want to buy a plane ticket to Seattle and beat the hell out
of somebody."
The biotech boom begins
When young David Blech went recruiting for his fledgling company, he
found a kindred soul in the upper-left corner of the country: Dr. Robert
Nowinski of The Fred Hutchinson Cancer Research Center in Seattle.
Both hailed from New York. Both were brash and ambitious. And both saw
potential riches in biotechnology.
The Bayh-Dole
Act of 1980 had encouraged publicly financed scientists to patent
their inventions, setting off a boom in biotech. Nowinski, who was 35
that year, wanted in, and Blech was holding the door open.
Blech asked Nowinski to head up Genetic Systems, and to bring some of
his Hutch colleagues along. With their reputations, Blech knew they could
create enough buzz around the company's stock that they would all get
rich.
Genetic Systems incorporated on Nov. 13, 1980. In the next two months,
Nowinski and Blech gave penny-a-share stocks to three key scientists at
The Hutch:
• Don Thomas got 100,000
shares, a $3,000 annual stipend and a seat on the company's scientific
advisory board.
• John Hansen got 250,000 shares and a job as
the company's medical director. He would continue to work at The Hutch
but promised to "devote such time as is necessary" to Genetic
Systems for an $18,000 consulting fee.
• Paul Martin, Hansen's protégé and
assistant, got 10,000 shares and a three-year exclusive consulting
agreement with Genetic Systems.
Blech put together a prospectus touting the doctors and The Hutch.
He raised $3 million in the first three months of Genetic Systems'
existence, swelling the value of the doctors' stock holdings.
Thomas' presence on the prospectus was particularly important. At age
60, he had earned an international reputation.
An immunologist, Thomas had been involved in the world's first
bone-marrow transplant, in New York in 1956. The patients, identical
twins, had died, but the procedure had shown promise.
Marrow, a spongy tissue inside bones that produces blood cells, begins
to die when cancer patients receive radiation and chemotherapy. The
amount of damage to the marrow depends on the amount of cancer-killing
material the patient receives. It limits how much treatment a person can
survive.
Thomas and others believed that if marrow could be replaced through
transplant, they could boost the cancer-killing treatment and then
restore the patient's ability to produce new blood cells.
A bone-marrow transplant is a straightforward procedure. Marrow from a
donor is infused through a catheter into a recipient's veins. If all goes
well, the factory cells in the donor marrow, known as stem cells, lock in
and begin forming new blood cells in the patient.
Thomas moved to Seattle in 1963. Between 1969 and 1974, he
transplanted marrow into 54 patients with supposedly incurable leukemia.
Most died, either from their cancer or from treatment complications such
as infection. But six were cured.
In 1975, Thomas and other doctors opened the Fred Hutchinson Cancer
Research Center, naming it after a former professional baseball player
from Seattle who had died at age 45 from lung cancer. The Hutch
specialized in cancers of the blood, and grew to perform some 450
bone-marrow transplants a year.
Worldwide, the procedure has been credited with saving more than
150,000 lives.
Meanwhile, Hutch doctors have conducted hundreds of clinical trials to
advance the science. The Hutch receives more than $140 million a year in
federal grants to pay for these experiments.
Controversial from the start
On Jan. 20, 1981 - two weeks after Thomas, Hansen and Martin received
their founders' shares from Genetic Systems - the Human Subjects Review
Committee at The Hutch met to consider a research proposal from those
three doctors.
The doctors wanted to use money from the National Cancer Institute and
leukemia patients from The Hutch in a new bone-marrow experiment, labeled
Protocol 126.
The experiment would try to prevent an immune-system reaction known as
graft-versus-host disease, or GVHD.
As many as half the recipients of marrow transplants from
tissue-matched sibling donors suffered GVHD. At best, the disease was
annoying, like a rash. At worst, about 5 to 10 percent of the time, it
was fatal.
The researchers believed GVHD was caused by "T-cells" in the
donor marrow. T-cells, so named because they mature in the thymus gland,
are certain white blood cells that trigger the immune system to destroy
foreign material and fight infection.
The researchers wanted to use newly manufactured drugs, known as
monoclonal antibodies, to kill the T-cells. If it worked, they believed,
the success rate of bone-marrow transplants would improve.
But first, they needed the approval of the Human Subjects Review
Committee, which assessed the ethics of all human experiments at The
Hutch. Congress had mandated that all medical research centers have such
review panels.
In pushing their proposal, Hansen and Martin cited studies in which
this therapy had been successful in mice. And, they said, the only known
study with dogs had also been successful.
However, Dr. Rainer Storb, the Hutchinson Center's expert on GVHD, knew
that at least one T-cell study on dogs had been unsuccessful, with some
of the subjects dying in treatment. Although the results were not
published, Storb said, they were widely known by those in the field.
Storb was not a member of the review committee, but he opposed
Protocol 126. In doing so, he collided head-on with one of his fellow
Hutch founders, Thomas.
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Storb
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"Don Thomas clearly favored this approach for whatever reasons
... " Storb said. "There was a feeling of not wanting to be
left behind" other research centers.
Thomas, Hansen and Martin did not mention financial interests in
Genetic Systems to Storb or the review committee. When Storb ultimately
learned about those interests, he said, "It raised issues in my
mind" and solidified his opposition to the trial.
First proposal is rejected
Most of the 11 members of the Human Subjects Review Committee were
Hutch employees. Among them was Dr. Michael Kennedy, a specialist
involved in the type of research proposed in Protocol 126.
In a recent interview, Kennedy recounted that he, too, had objected to
many features of the proposed study. His objections in 1981 would presage
the problems of the next dozen years.
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Kennedy
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The committee kept detailed minutes of its discussion.
Hutch officials refused to make those minutes public, but The Seattle
Times obtained them through a Freedom of Information Act request to the
federal government.
The committee - whose members are identified by numbers rather than by
name in these records - gave the proposal a largely negative reaction.
Among their concerns:
• The lack of adequate prior
research on animals. Normally, experiments of this type at The Hutch were
performed extensively on mice, followed by studies of dogs before moving
to humans.
"The jump from mouse to man is too great
... " said one committee member.
• Contrary to most such research, Protocol
126 proposed experimenting on the healthiest, rather than the sickest,
patients. Some of them, whose leukemia was in remission, had a 60 percent
chance of lifetime cancer-free survival with a standard transplant from a
matched sibling donor.
• The proposed subjects for the experiment -
those with siblings whose tissue type matched theirs - were the least
likely to get GVHD, much less die from it.
• Some thought T-cell removal might actually
prevent the bone marrow from engrafting, or taking hold in the
recipient's body. Normally, graft failure is extremely rare, occurring in
1 out of every 100 marrow transplants.
Kennedy, in particular, thought T-cells were
needed for new marrow to lock in and start producing healthy blood. And
some thought T-cells helped prevent cancer relapse.
• The "informed-consent" form for
patients minimized the risk of graft failure and made it sound as if a
second transplant could be done without difficulty if the first one failed.
In fact, second transplants were known to be fatal about 95 percent of
the time.
• The consent form also failed to mention
alternative treatments for GVHD.
Given all that, the committee voted not to approve Protocol 126.
Hansen was told he could change it and reapply.
The experiment was revised to cut back the T-cell-killing power of the
drugs and resubmitted. This time, the review team was headed by Dr. John
Ensinck, an endocrinologist and Thomas' counterpart as head of clinical
research at the University of Washington, where many Hutch doctors
taught.
The committee voted on April 21 to approve the experiment. The minutes
do not show why, and Ensinck couldn't recall specifically.
Ensinck, now retired, said in a recent interview: "At that point,
I recall, The Hutch was doing uniquely experimental protocols at the
cutting edge, so I recall we reviewed them very stringently."
Kennedy, who now has a private practice and teaches at the UW, says
the committee's concerns were never addressed.
Again, committee members were not told that some of the drugs in the
experiment - three of the eight antibodies ultimately used - were
licensed to a company in which the researchers had a financial interest.
Nor were they told that by that time, The Hutch itself had a monetary
stake in the experiment.
In March, Nowinski had struck a deal with The Hutch to acquire the
exclusive commercial rights to 37 specific monoclonal antibodies for 20
years. In return, Nowinski promised the center a percentage of royalties
on sales of the antibodies. Simultaneously, he signed a deal with the
Hutch-affiliated Pacific Northwest Research Foundation — the parent from
which The Hutch was founded and, like The Hutch, headed at the time by
Dr. William Hutchinson — that would give Genetic Systems the rights to
new antibodies developed by Hutch doctors in exchange for 50,000 shares
of stock and at least $125,000 in research funding. 
Blech proceeded to raise $3.7 million from a pharmaceutical company
and $2.6 million in two private stock offerings. The Hutch antibodies
were the company's main assets. A written pitch to investors touted the
development of antibodies to diagnose and treat infectious disease and
cancer.
Genetic Systems raised an additional $6.6 million in an initial public
offering. In its first quarter, the value of the stock the Hutch doctors
had received was $875,000 for Hansen, $350,000 for Thomas, $35,000 for
Martin, and $175,000 for the foundation.
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Continued
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(Page 1 of 3) Next
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100,000
shares Genetic Systems Co. stock for Dr. E. Donnall Thomas, April 1983
(700K PDF)
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250,000
shares of stock and position for Dr. John Hansen, April 1983 (852K PDF)
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10,000
shares of stock and consulting agreement for Dr. Paul Martin, Jan. 1981
(524K PDF)
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Investment
prospectus touts company ties with The Hutch, June 1981 (3.2MB PDF)
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First
application of Protocol 126 to Human Subjects Review committee, Dec.
16, 1980 (580K PDF)
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Committee
minutes and transcript, Protocol 126 rejected, Jan. 20, 1981 (1.8MB
PDF)
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Drs.
Polissar and Ensinck comments on Protocol 126, April 6, 1981 (2MB PDF)
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Genetic
Systems paid cash and stock for Hutchinson antibody rights, March 31,
1982 (824MB PDF)
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