Parker Waichman LLP

FDA Inspections of Foreign Drug Makers Still Lacking, GAO Audit Says

The Food & Drug Administration (FDA) is inspecting more foreign drug makers than it once did, but is still only conducting a fraction of the reviews necessary to keep consumers safe from defective drugs, a new audit has found.  Concerns about the FDA’s oversight have intensified in recent months, following the discovery that heparin ingredients […]

The Food & Drug Administration (FDA) is inspecting more foreign drug makers than it once did, but is still only conducting a fraction of the reviews necessary to keep consumers safe from <"https://www.yourlawyer.com/practice_areas/defective_drugs">defective drugs, a new audit has found.  Concerns about the FDA’s oversight have intensified in recent months, following the discovery that heparin ingredients made in China may have been responsible for dozens of deaths and hundreds of illnesses in the US.  Investigations into the heparin debacle revealed that, due to a computer error, the Chinese plant that made the active ingredient for Baxter International’s recalled heparin had never been inspected by the FDA.

The results of this new audit are similar to a report filed by the Government Accountability Office (GAO) in November, which found the FDA doesn’t know how many foreign firms are actually subject to inspection. The agency has a list of 3,249 firms, but at the current rate of inspection, it would take the FDA over 13 years to go through each firm on its list. The agency also could not confirm how many foreign firms have never been inspected. In those rare cases where the FDA actually did visit foreign plants, officials provided advance warning and rely on translators supplied by the companies being inspected, clearly a conflict of interest that compromises the integrity of the inspections. The report was alarming, considering the fact that about 40 percent of pharmaceuticals and 80 percent of the chemical ingredients in drugs are imported, and a growing share come from countries like China, that are still working on implementing a product safety infrastructure.

Now, the GAO has released a new audit of the FDA’s overseas policing efforts.  According to the audit, the FDA increased inspections of foreign manufacturing sites to about 11 percent last year and took other steps in recent months, but made limited progress overall.  The GAO estimated it would cost between $67 million and $71 million to inspect all 3,200 foreign sites every two years. The FDA has only proposed spending about $11 million on foreign inspections in fiscal 2008, the GAO said.

The consequences of the FDA’s failure to keep tabs on foreign drug suppliers were made all too apparent by this year’s heparin problems.  Baxter International recalled nearly all its heparin injections in the US after some patients experienced extreme – and in some cases fatal – allergic reactions, including difficulty breathing, nausea, vomiting, excessive sweating, and rapidly falling blood pressure that was life threatening after being administered the products. There have been similar recalls by other manufacturers of Chinese-sourced heparin in Denmark, Italy, France Germany and Japan. In total, the FDA said tainted heparin has been identified in a 12 countries. The FDA has said tainted heparin has been implicated in 82 US deaths.

In March, the FDA confirmed that it had found oversulfated chondroitin sulfate in samples of the active ingredient used in Baxter heparin. The FDA said the chondroitin sulfate was molecularly changed to mimic heparin’s blood-clotting properties. That ingredient was supplied to Baxter by Changzhou SPL, a Chinese plant partially owned by Scientific Protein Laboratories. The Chinese facility had never been inspected by the FDA because of a computer glitch that led agency personnel to believe it had been reviewed.  Once the heparin problems became apparent, the FDA did send inspectors to the plant who reported that conditions there did not meet US good manufacturing practice standards.

A House of Representatives subcommittee is set to question FDA Commissioner Andrew von Eschenbach about foreign drug inspections at a hearing today where representatives from the  GAO will appear also  to discuss the recent audit.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism I would like to give Christina(Tina)Morace a (5)five stars review,Christina is a very pleasant person, her client professional skills are excellent, very informative,always available to answer my questions and quick to return calls.it was a pleasure communicant with Christina Morace.thank you very much
sandra benejan
2 years ago
5 Star Reviews 150
Positive: Professionalism
brett Di Resta
3 years ago
5 Star Reviews 150
the best of all, excellent friendly services and the best in legal advice, especially the services of Jorge Peniche and Aurora Krol thanks you very much guys
Ana Espinal
2 months ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038