The Seattle Times began a five-part investigative series
by Duff Wilson and David Heath on Sunday of the Fred Hutchinson Cancer Research
Center. The investigative series found that patients died prematurely in two
failed clinical trials at Seattles Fred Hutchinson Cancer Research Center
experiments in which the Center and its doctors had a financial interest. The
patients and their families were never told about those connections, nor were
they fully and properly informed about the risks of the experiments, an
investigation by The Seattle Times has found.
Part 1 of the series focuses on
leukemia patients in a clinical trial known as Protocol 126 in which at least
20 people died. The report by the Seattle Times alleges that patients were
never told that The Hutch and some of its doctors had a financial interest in
the drugs being tested in the experiment, nor that there were safer, more
effective alternative treatments.
Patients never knew
the full danger of trials they staked their lives on
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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.
Becky and Pete Wright
leave the hospital after her first bone-marrow transplant, in 1985.
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.
Storb
"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.
Kennedy
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.
During Protocol 126,
The Hutch adopted a rule barring scientists from work in which they have
financial stake.
= PDF file size may be
large. Document titles are listed at the bottom of the page. (Due to
the poor quality of some of the original documents, some PDFs might
be difficult to read. Highlighting was done by reporters.)
= Audio opens in a new
window. The audio is in .wav format.
Hansen began spending more and more time at Genetic Systems. He gave
Martin, a postdoctoral student in his early 30s who had spent two years
in the lab refining the antibodies, the title of principal investigator
in Protocol 126.
This would be Martin's first experiment involving humans.
The initial results proved next to nothing. About half of the first
group of subjects got GVHD - exactly as would be expected without T-cell
treatment.
The antibodies alone hadn't
killed T-cells in people as they had in mice. Then the researchers asked
the review committee to approve major changes in the experiment. They
wanted to add enzymes known to make the antibodies more lethal to
T-cells. And they wanted more and healthier patients as subjects, people
strong enough to survive years after a transplant so they could monitor
the long-term results.
When the experiment went back to the Human Subjects Review Committee
in April 1983, one member, Dr. Robert Bruce, a UW cardiologist, raised an
alarm: One of the antibodies in the new proposal had been associated in
another study with the emergence of unexpected new cancers.
Bruce recommended continuing Protocol 126 if and only if Martin
established rigorous criteria to stop the experiment immediately if such
problems occurred.
"The informed consent should at the very least indicate that some
unexpected adverse effects have occurred," Bruce wrote. "The
risk of fatality from an additional malignant process ... can hardly be
overlooked in the statement of potential risk."
But the consent form wasn't changed. And there is no evidence the new
review panel was ever told about the broader objections raised by its
predecessor. The concerns Kennedy had raised about the role of T-cells in
grafting and relapse were not addressed.
On May 26, 1983, the next stage of Protocol 126 was given a green
light. The research doctors started looking for new patients to enroll.
Later that year, The Hutch's Board of Directors adopted a
conflict-of-interest policy.
It said scientists "shall not participate in any (research)
involving the Center in which the member has an economic interest,"
including any form of ownership or any outside pay.
Hansen and Martin say they were never told about the policy. And even
if they had known, they insist, their work at The Hutch had no bearing on
business prospects at Genetic Systems.
The company was developing products to diagnose disease, they say, not
to treat it. Given that, they say, the T-cell experiment could not
possibly have benefited Genetic Systems or their stock.
Yet the company's own filings with the Securities and Exchange
Commission from that period show plans to use antibodies to treat cancer.
And Nowinski told The New York Times in 1983 that he expected to move
from diagnosis to treatment.
The doctors' business partner, Blech - who was later convicted of
securities fraud in an unrelated case - said in a recent interview that
the big money was in treatment, and that was where Genetic Systems had
planned to go.
Martin and Hansen insist Genetic Systems was not involved in Protocol
126. But Hansen was a full-time employee and director of Genetic Systems
at the height of the trial. He is listed as a co-author of the study
every step of the way; he participated in major decisions and tracked
results.
Martin was working for a Genetic Systems official intimately involved
with the conduct, results and funding of the experiment.
Further, the doctors' agreements with Genetic Systems obliged them to
give the company the fruits of their research on company products, even
if the company did not formally sponsor the research.
New panel raises questions
In September 1983, The Hutch signed up a new group of volunteers for
the Human Subjects Review Committee, combining it with a similar group at
Seattle's Swedish Medical Center, where Hutch doctors treated patients.
The committee was given a new title: the Institutional Review Board,
or IRB.
Dr. Henry Kaplan of
Swedish Medical Center, featured here on a Seattle Magazine cover, saw
problems as soon as he was appointed chairman of an
experiment-oversight board in 1983.
Dr. Henry Kaplan of Swedish, who would become one of the Northwest's
leading oncologists, was appointed chairman. Dr. John Pesando of The
Hutch was recruited to be a member. Pesando was reluctant because of the
demands of his own research but agreed, hoping the volunteer work would
help his chances of promotion.
Pesando says he and Kaplan "walked in and found problems
everywhere we looked."
"These included unsafe ongoing protocols," Pesando said.
"So we had double jeopardy of not only putting the brakes to new
research, but trying to stop things that had already been approved."
The experiments that raised their eyebrows, and their concerns, the
highest were the tests of new monoclonal antibodies.
Kaplan complained that antibodies were being used in "a
completely uncontrolled fashion," and that animal testing had been insufficient.
He wasn't told that similar objections had already been raised and
ignored.
In one of his first acts as chairman, Kaplan wrote to Thomas asking
about rumors that researchers had financial interests in a company that
would use the findings from Protocol 126.
"What checks and balances are utilized to deal with potential
conflicts of interest between academic and financial considerations of
the staff?" he asked.
Thomas replied with a strongly worded letter denying any financial
conflicts of interest and refusing the IRB's request to review each
antibody separately for human safety.
"I think Committee members have not only an obligation to review
the ethical aspects of this work, but also an obligation to assist us and
not impede our research, which is directed toward solving some of those
problems that are killing the children and young adults who come to us
with fatal disease," he wrote.
In fact, the IRB had no such duty to assist research. Federal law gave
the panel a single, pointed mission: "Protect the rights of the
human subjects."
Nevertheless, Kaplan said he got a clear message from the future Nobel
Prize winner who ran The Hutch. "It certainly didn't appear that we
had the power to investigate anything once I got that letter from
Thomas."
But what Thomas wrote was mild compared with some of what Pesando
heard in the hallways. Thomas and others were enraged with the challenge
to their research, Pesando said.
"Dr. Thomas had a fearsome reputation," Pesando said.
"You crossed him at your peril."
'Who the hell are YOU?'
IRB members felt unable to do a proper scientific assessment of
Protocol 126. They felt they didn't have the information or the power to
do their job.
Six weeks after Thomas' letter, Kaplan, on behalf of the IRB, asked
Hutch President Dr. Robert Day to set up a new, independent body to
consider the merits of all the monoclonal antibodies under study.
The IRB termed them "entirely new, experimental drugs" which
had not met normal safeguards.
Day
"We saw this coming, that we would eventually be unable to resist
the people who controlled our lives, careers and salaries," Pesando
said. "That's why we wanted an outside review."
Day refused to set up an outside panel, saying it would cost too much
and reveal secrets to The Hutch's competitors.
Kaplan also contacted the National Institutes of Health for advice on
how the panel could act, but got no help.
In January 1984, IRB members heard that two patients in the newest
version of Protocol 126 had failed to engraft transplanted marrow.
Normally, properly matched marrow was accepted 99 percent of the time, so
these rejections were alarming.
They meant patients might actually die from their treatment before
they would even reach the point where GVHD was a possibility.
Pesando started warning patients to stay out of the protocol. Some
did; some did not.
Day summoned the senior clinical staff to a meeting with Kaplan and
Pesando. Day would not curb the protocol or start an outside review.
But he agreed to one demand: The lowest-risk patients, who had the most
to lose from graft failures, would not be allowed to enroll in Protocol
126.
"We got something - granted, not very much, because we had no
power - but we got the best patients out," Pesando says.
The research team did not appreciate those efforts. Pesando says Thomas
asked him at a scientific staff meeting, "Who the hell are YOU to
question what we do around here?"
Graft failures, relapses high
Death by leukemia occurs as cancer cells crowd out normal cells in the
blood. Victims suffer infections, bleeding and oxygen deprivation.
Death by graft failure after a bone-marrow transplant is an
accelerated but no less agonizing process. The victims, weak from
Hiroshima-dose radiation and chemotherapy, fail to accept the marrow that
could save their lives. They suffer all the effects of a destroyed immune
system and die of infections and bleeding.
Graft failure is extraordinarily rare in normal cancer work, occurring
1 percent of the time in tissue-matched transplants between siblings.
Deaths related to T-cell
depletion in Protocol 126
Protocol 126 consisted of multiple stages. The first stage of the
experiment added the antibodies alone to donor marrow and had no
effect on killing T-cells...
But of the 20 people enrolled in Protocol 126 between June 1983 and
March 1984, at least seven of them died from graft failure.
At least five patients suffered relapses of their cancers, which was
also an unusually high rate, believed to be caused by the absence of
T-cells to fight off stray cancer cells.
The dead included people who stood a good chance of being cured with
standard therapy. Among them:
Ruth Agnes Fisher, a Los
Gatos, Calif., computer programmer. She was 38 years old when she learned
she had leukemia.
It was a relatively mild form that could be bothersome but not fatal
for many years. She also had a perfectly matched sibling donor for a
bone-marrow transplant. With the standard treatment, she had a 60 percent
likelihood of being cured.
But Fisher was enrolled in Protocol 126. Her bone-marrow transplant
failed to engraft and she died of cardiac arrest on Jan. 27, 1984.
"The whole thing was sort of a blur," her widower, Joe
Fisher, says today. "T-cells - I thought that's what makes the
transplant work."
Jacqueline Couch, 31, an
attorney for the city of New York who lived in Summit, N.J. She, too,
came to Seattle for a transplant with a relatively good prognosis. She,
too, was signed up for Protocol 126.
She, too, died of graft failure almost certainly caused by the
experiment.
Her brother, Richard Stanford Jr. of Yardley, Pa., who donated his
marrow, says today, "For some reason - we were told the doctors
didn't know why - it all of a sudden stopped producing cells."
No one ever told the family what went wrong. "It took me a long
time to get over that," Stanford says.
Lourdes Caridad Llera, 32,
a homemaker from Tampa, Fla. She died in May 1984 after graft failure.
Carolyn Sue Obermeyer, 37, a homemaker from
Oldenburg, Ind. She died in September 1984 after graft failure.
Lawrence Haspel, 48, a New York
orthodontist. He died after graft failure and a second transplant
attempt.
Bina Bidasaria, 31, a homemaker from India.
Ten months after a transplant with a brother's matched marrow failed to
engraft, she tried a second, then died in Seattle a month later. Her
widower, Mahavir Bidasaria, says he doesn't remember talking about
T-cells and wasn't told why she had graft failure. "All those terms
were not very familiar to us."
Paul Mahler, 41, chairman of the
anthropology department at Queens College of the City University of New
York. He suffered graft failure, tried a second transplant after the
first one failed and died in Seattle seven weeks after that.
The Seattle Times identified these people through death certificates
and public records.
Fisher and Couch had been Pesando's patients for a time when he worked
on the transplantation ward. Their deaths affected him deeply. He
believed they could have survived a standard bone-marrow transplant.
In retrospect, Martin concedes the results of the experiment on
chronic leukemias at that point were "awful."
"A lot of rejection, a lot of recurrent malignancy," he said
in an interview. "And so it didn't work. It was a bad idea."
'Something's really fishy here'
The Hutch didn't have to report these patient deaths to the federal
government. Experimental drugs that do not cross state lines are not regulated
by the Food and Drug Administration.
The Hutch didn't alert the King County Medical Examiner, either,
despite state and county requirements to report unexpected deaths
associated with medical procedures.
Martin was required by federal and Hutchinson rules to report the
deaths to the IRB, but he did not.
Inside the corridors of The Hutch and Swedish, however, word of the
unusual deaths spread. And the drumbeat against Protocol 126 intensified.
Dr. Rainer Storb - the Hutch co-founder who had opposed the experiment
from the start - says he spoke out in staff meetings time and again over
the years.
"It was becoming evident on the wards that, you know, something's
really fishy here," Storb recalls. "You have to have a very
keen eye and bring the whole thing to a screeching halt if something goes
wrong."
Storb had long been The Hutch's top expert on GVHD. In the same
hallways and at the same time that patients were dying in Protocol 126,
Storb was perfecting a better treatment against GVHD.
He had found that a combination of two FDA-approved drugs,
methotrexate and cyclosporine, prevented GVHD and treated its effects.
Storb had started enrolling patients in his own clinical trial in
August 1983, just as the most dangerous arm of Protocol 126 began.
He published his work in the New England Journal of Medicine. He had
cut rates of acute GVHD from 54 percent to 33 percent and had raised the
18-month survival rate from 55 percent to 80 percent. He had had no
problems with graft failures or relapse in 93 patients.
Storb came closest to a public attack on Protocol 126 when he cited it
twice in passing in his New England Journal article, noting
"survival rates that were poorer than those seen among patients who
received untreated marrow."
Storb's regimen has stood the test of time. It remains the gold
standard for treatment of GVHD to this day.
There is no evidence any Protocol 126 patient was ever told about the
Storb treatment, even though its positive results had emerged. Instead,
they were told there was no alternative to Protocol 126 to prevent GVHD.
It was a careful choice of words. Thomas' wife, Dottie, a program aide
who helped with Protocol 126, argued in a memo that the Storb method was
"treating" GVHD but only Protocol 126 was
"preventing" it.
As the failures and
deaths mounted, Protocol 126 was altered again and again, but new
patients still weren't told the risks.
= PDF file size may be
large. Document titles are listed at the bottom of the page. (Due to
the poor quality of some of the original documents, some PDFs might
be difficult to read. Highlighting was done by reporters.)
= Audio opens in a new
window. The audio is in .wav format.
By mid-1984, Martin and Hansen began to discuss their setbacks in
seminars. An issue of the medical journal Blood includes an article in
which they note the high graft failure in their experiment - 40 percent
at that point - was "a highly unusual outcome."
But not, apparently, reason enough to end the trial.
The Blood article outlined their plan: While eight of 11 patients with
the best prognoses had failed to engraft, only one of the other nine
patients had failed. The authors theorized that the higher radiation
given sicker patients had weakened the immune system enough to let the
donor marrow take hold.
Fred Hutchinson
Cancer Research Center
Dr.
Paul Martin (in tie) stands behind Dr. E. Donnall Thomas, a Hutch
co-founder, in a photo taken in the mid-'80s, during Protocol 126.
The IRB, still headed by Kaplan, instructed Martin to change the
patient-consent form before Protocol 126 could proceed.
"Specifically, the risk of loss of graft should be more clearly
stated," the panel said.
The form being shown to patients said: "To the best of our knowledge,
(Protocol 126) does not damage the cells necessary for engraftment."
A revised form conceded that the treatment "may damage cells
necessary for engraftment," then continued with its previous
assurance, "In this case, a second marrow transplant would be
necessary."
Again, it didn't say that second transplants fail 95 percent of the
time. It didn't say there was a higher risk of relapse, nor did it
disclose the Storb alternative, nor the financial interests.
Pesando thought the IRB, under duress, had surrendered. And Pesando
said they never knew at the time that Storb, too, opposed Protocol 126.
Kaplan, assured by president Day that there would be a scientific
review and that the experiment would stop immediately if it had two more
graft failures, approved Protocol 126.1, the next stage of the trial, on
behalf of the IRB on June 1, 1984.
Those graft failures came quickly.
Dr. John Draheim, 36, a physician for the U.S. Navy in Bremerton, and
Seci Cay, 31, owner of an export-import business in Turkey, came to The
Hutch for chemotherapy, radiation and transplants in the fall of 1984.
When their T-cell-depleted marrow failed to engraft in December, the
trial was halted again.
Kaplan wrote Day "once again" objecting to the protocol on
scientific and ethical grounds.
"Monoclonal antibodies are being used in what appears to be a
completely uncontrolled fashion ... " Kaplan wrote.
"Alternative therapy seems downplayed in importance. ... In
addition, the board is concerned about authorizing protocols in which the
apparent successful use of an agent could be potentially beneficial
financially to many of the investigators listed on the study."
Appelbaum
Dr. Frederick Appelbaum, head of the clinical-research division,
replied on Day's behalf, telling Kaplan to stop complaining about
financial conflicts.
He said the IRB must either express concern about all types of financial
conflicts, such as the possibility of researchers losing their jobs if
patients stopped enrolling in the experiments, or "accept the fact
that those of us in cancer research are intrinsically honest individuals
who are trying our best."
Martin proposed further human experiments. Admitting "graft
failure represents a highly unusual outcome," Martin said he would
add methotrexate, one of the drugs Storb was studying, to aid
engraftment.
In January 1985, the IRB approved Protocol 126.2, the next stage.
Two weeks before that approval, Draheim died, with Hansen himself the
attending doctor. Two weeks afterward, Cay died. They were at least the
eighth and ninth victims of graft failure caused by the treatment.
"Each successive protocol was a variation on some aspect of the
treatment, with the goal of asking would this change make a difference in
the outcome," Martin said later. "And recurrently, the answer
was no."
In other words, no matter what they tried, the treatment wasn't
helping patients.
'She never got better'
Elizabeth Almeida, 35, was a strong-willed single woman about to adopt
her foster child, a 13-year-old boy, when she was diagnosed with
leukemia.
While the first patients were dying of T-cell depletion in Seattle,
she was undergoing chemotherapy in Boston, about an hour from her home in
New Bedford, Mass. The cancer disappeared, then re-emerged, then
disappeared after more chemo, but the prognosis was grim.
Her doctor told Almeida that her best chance for survival was a
bone-marrow transplant at the Hutchinson Center in Seattle. She had a
perfectly matched sibling, James, to donate bone marrow. If she could
survive even more chemotherapy and radiation, James' donated blood could
help her start manufacturing new, clean blood.
Almeida and her mother and brother traveled across the country in
March 1985. In a conference with a Hutch doctor, they were offered the
"informed-consent" documents for Protocol 126.2.
That form had not been updated as the IRB had ordered, a technical
violation of federal human-protection rules. Again, it described graft
failure as merely possible and correctable, and failed to mention the
higher risks of new or recurring cancers.
Though Protocol 126 was a highly experimental procedure, the statement
of risks on the patient-consent form was more serene than the warnings on
many drugstore medicines.
The Times, with the family's permission, obtained Almeida's 1,833-page
medical file. It offers no evidence that anyone ever told her or her
family about the then-obvious risks of dying from the treatment, nor of
the availability of Storb's more successful alternative treatment.
After some initial hesitation, and after being promised a conference
with Martin, which she never got, Almeida agreed to participate in the
experiment. She entered Swedish Medical Center in outward good health,
with her disease in complete remission.
"Delightful," a nurse described her. "Looks well."
After a week of drugs and radiation, she grew weak and nauseated, then
developed severe mouth pain, fevers, pneumonia and kidney failure.
Transplants have been compared with killing patients and then bringing
them back to life. Almeida never came fully back. Her marrow never did
restore its blood-making capacity after she got her brother's cells.
She recovered enough to return to Massachusetts, but the transplant
ultimately failed to engraft and the leukemia returned.
"She never got better," Billy Tatro, a longtime friend,
recalls. "When it was obvious the transplant was failing, it really
wasn't apparent to anyone why. The doctor said there was only one
possibility, and that was a second attempt. So he sent her back to
Seattle."
Almeida was pale, frail and feverish when she checked back into
Swedish.
"Bright, frightened woman," a social worker wrote.
She never got the second transplant. She died first, on Oct. 3, 1985.
Annmarie Ridings of Mattapoisett, Mass., didn't know her sister
Elizabeth had been part of any experiment, let alone one with such a grim
record.
"As you can imagine, this information has upset my family,"
she says.
"My family continues to feel the effects of her death fourteen
years ago. I do not believe that my sister would have agreed to
participate in a study that she knew had such a high failure rate."
A 100 percent risk of relapse
Among the people Elizabeth Almeida had met in the leukemia ward were
the couple from Alabama, Pete and Becky Wright.
Becky was a mother of three, a runner, a dancer, who had been
diagnosed with chronic myelogenous leukemia in March 1985. Like Almeida,
she and her husband came to The Hutch for the best treatment money (about
$200,000) could buy.
Buckner
Dr. C. Dean Buckner discussed treatment options with the Wrights. His
dictated notes were released by Swedish Medical Center with permission of
Pete Wright.
Buckner told Becky she would not be cured by conventional
chemotherapy, but stood a good chance of survival with a bone-marrow
transplant. More than half the patients with diagnoses similar to hers
were still alive after getting transplants, he said.
Buckner predicted only a 15 percent probability of leukemia recurring
over the next two to three years for Becky. However, he added, she had
"high probability" of getting GVHD because of her age, 37, and
he suggested she enlist in Protocol 126.
Pete Wright recalls: "We had been out there for a month waiting
for a bed, and I remember talking about the protocol. We were told this
was the best way to avoid GVHD, and from some of the pictures we'd seen
and the things we'd heard, we definitely wanted to avoid that."
The consent form the Wrights were given emphasized the benefits. Under
"Risks," it said: "Graft rejection has occurred following
such treatment. In this case, a second marrow transplant would be
necessary."
Pete Wright says - and the records indicate - that Buckner mentioned
the risk of graft failure but did not say that more than a quarter of the
transplants in Protocol 126 so far had failed. Nor did he say that second
transplants were 95 percent fatal. He apparently did not mention the risk
of relapse or new cancers at rates significantly higher than in standard
transplants.
Buckner now says he was "one of the bigger skeptics" about
Protocol 126 but "I didn't find anything unscientific or unethical
about any of this. We were all trying to make people better. And at that
time, it was felt that T-cell depletion was the greatest thing since
sliced bread. And it wasn't."
In fact, as Martin, Thomas, Buckner and other Hutch doctors outlined
in a journal article on chronic myelogenous leukemia published three
years later:
"The actuarial relapse risk 2.5 years posttransplant was 100
percent in patients administered T-cell-depleted marrow as compared with
25 percent in patients administered unmodified marrow."
A 100 percent risk of relapse. Every patient like Becky Wright, if he
or she lived long enough, saw the nightmare of leukemia return.
The statistic shocked Pete Wright when he saw it years later. The
relapses in Protocol 126 included eight patients before Becky walked in
the door, and six afterward. She was not the only one, nor was she the
last.
Pete Wright said Becky didn't give much thought to the protocol,
trusting doctors to act in her best interest. She signed most of the
forms before even talking with Buckner.
"She knew this was her one shot to live," Pete Wright said.
"She was upbeat. She was psyched up and ready to go."
'The pain never really dies'
Becky Wright told Pete she never imagined she would feel so bad.
Chemotherapy not only kills cancer cells, it assaults normal tissue in
hair follicles, the mouth, the digestive system and the bone marrow.
Wright suffered painful lesions, systemic infections, diarrhea, organ
damage.
But if she could be cured, it would be worth it.
On June 17, 1985, she received her sister's marrow, which had been
treated with the eight antibodies and was devoid of T-cells.
She was luckier than some: The graft took; her white cells propagated
and her sores and infections healed. Becky Wright checked out of the
hospital a month after the transplant and flew home to Heflin, where life
more or less returned to normal.
But when she flew back to Seattle the following year, a checkup showed
her leukemia had returned. Doctors recommended a second transplant, this
time with T-cells. She got it, but was too weak to survive a
graft-versus-host reaction and bloodstream infections.
"I can hardly take deep breaths; it's too painful," she told
a nurse.
She missed her children. She wanted to go home to Heflin. There was
nothing The Hutch could do to help her. And on the day before Mother's
Day, 1987, Becky Wright hemorrhaged and died in a hospital bed in
Birmingham, Ala.
Whether she would have survived with standard treatment will never be
known. But based on the evidence, her widower feels his wife was deprived
of her optimal shot for survival.
At the very least, he said, they were deprived of crucial information
they deserved to know.
Earlier this year, Pete Wright was shown Pesando's letters and studies
on T-cell depletion. The understated risks and undisclosed financial
interests infuriated him.
"My grandfather was a doctor, an active doctor for 62
years," Wright said. "He would be doing back flips in his grave
if he heard about this."
Pete Wright is remarried and trying to move on with his life. He
doesn't want Becky's ghost to haunt his new family. But he says,
"The pain never really dies. The truth definitely needs to come out
on this."
The experiment ends
In October 1985, Bristol-Myers bought Genetic Systems for $294
million, or $10.50 per share. The purchase raised the value of Hansen's
original stock holding to $1.8 million, Thomas' to $1.05 million,
Martin's to $105,000 and the foundation's to $502,000.
Protocol 126 lasted 12 years - an extraordinarily long time for a
clinical trial - even as deaths mounted.
Each new phase tested slightly different combinations of chemotherapy,
radiation or immune-system suppression, but all were built around the
same antibodies.
The later versions of Protocol 126 ended with graft failures in two of
12 patients, two of nine, two of eight, two of nine, two of two, and one
of one, respectively. Overall graft failure was at least 24 percent, vs.
the expected 1 percent.
And even when the transplants took, the cancer came back. Of those
with chronic leukemia, 100 percent suffered relapses, vs. the expected 25
percent.
As the failures mounted, the description of the study in filings with
the National Cancer Institute changed: It began as an experiment in
whether T-cell depletion would prevent GVHD. It ended as an experiment
that showed T-cells were necessary to engraft and to fight spare leukemia
cells.
The consent form in the final phase of the study, approved by The
Hutch in 1991 and 1992 for up to 20 patients, warned that patients
"often reject the marrow," leading to death, and that T-cell
removal "may increase the risk of relapse."
Finally, it revealed: "In this situation, there is a high chance
of infections, bleeding and death."
The first patient in the final phase, a 30-year-old man with a
mismatched donor, experienced graft failure. The protocol was ended
forever.
Records reflect that at least 20 patients died from graft failure in
the experiment between 1981 and 1993. The first seven of those had forms
of cancer with a cure rate of about 50 percent with standard treatment.
In the end, the experiment was almost uniformly fatal.
Martin, Hansen and Thomas never did write a final report on Protocol
126. Martin says he discarded his files when he moved to a new office in
1998.
But Martin disclosed the final toll: 82 people from around the world
enrolled in the Seattle experiment; 80 of them are dead today. And the
Hutchinson Center has become a leading voice against T-cell depletion.
"We worked very hard to remove every T-cell from the graft and we
found out that wasn't a bright thing to do," Martin says now.
He wishes he had set up a better mechanism for ending the stages of
the experiment as they proved unsuccessful. He blames his inexperience,
and a lack of guidance from The Hutch.
"I don't know that I was trained as well as I would have liked at
the time," he says. "Nobody told me what to do."
Martin passionately insists, though, that his persistence down the
path of T-cell depletion was motivated by science, not by business.
"I want to assert definitively that the clinical trials were
motivated by scientific evidence suggesting that the results of
bone-marrow transplant could be dramatically improved by removing the
T-cells from the graft," he said.
Martin's mentor, Hansen, is less emphatic in his denial of financial
motivation. Asked whether the doctors' personal investment in Genetic
Systems affected the experiment, he replied: "I don't think so. I
don't think so."
Asked if Genetic Systems stood to make money if the antibodies proved
successful, Hansen said: "Well, of course that was the idea. You
start a company to make a profit."
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