The FDA, fraud and misconduct in scientific studies of medicine

The FDA seem to bury evidence of fraud in medical trials

In at least 57 clinical trials conducted from 1998 to 2013, the US Food and Drug Administration found evidence of falsification, problems with reporting side-effects, inadequate record-keeping, and more. But only three of the resulting 78 publications monitored in today’s report mentioned the misconduct uncovered during inspections. And no corrections, retractions, or other comments were added after publication. The author of today’s report blames “regulatory capture” for the lapse, or a type of corruption where a public agency protects the interests of the groups it’s meant to regulate rather than the interests of the public at large. ”

FDA building image
The Food and Drug Administration (FDA) routinely fails to report evidence of fraud or misconduct when it inspects the way researchers conduct clinical trials, leaving the public unaware of which research is credible and which is not.

2015 Study Abstract

Every year, the US Food and Drug Administration (FDA) inspects several hundred clinical sites performing biomedical research on human participants and occasionally finds evidence of substantial departures from good clinical practice and research misconduct. However, the FDA has no systematic method of communicating these findings to the scientific community, leaving open the possibility that research misconduct detected by a government agency goes unremarked in the peer-reviewed literature.

To identify published clinical trials in which an FDA inspection found significant evidence of objectionable conditions or practices, to describe violations, and to determine whether the violations are mentioned in the peer-reviewed literature.

Design and Setting
Cross-sectional analysis of publicly available documents, dated from January 1, 1998, to September 30, 2013, describing FDA inspections of clinical trial sites in which significant evidence of objectionable conditions or practices was found.

Main Outcomes and Measures For each inspection document that could be linked to a specific published clinical trial, the main measure was a yes/no determination of whether there was mention in the peer-reviewed literature of problems the FDA had identified.

Fifty-seven published clinical trials were identified for which an FDA inspection of a trial site had found significant evidence of 1 or more of the following problems: falsification or submission of false information, 22 trials (39%); problems with adverse events reporting, 14 trials (25%); protocol violations, 42 trials (74%); inadequate or inaccurate recordkeeping, 35 trials (61%); failure to protect the safety of patients and/or issues with oversight or informed consent, 30 trials (53%); and violations not otherwise categorized, 20 trials (35%). Only 3 of the 78 publications (4%) that resulted from trials in which the FDA found significant violations mentioned the objectionable conditions or practices found during the inspection. No corrections, retractions, expressions of concern, or other comments acknowledging the key issues identified by the inspection were subsequently published.

Conclusions and Relevance
When the FDA finds significant departures from good clinical practice, those findings are seldom reflected in the peer-reviewed literature, even when there is evidence of data fabrication or other forms of research misconduct.

Sources and more information
  • Are Your Medications Safe?, slate, Feb. 9 2015.
  • Research Misconduct Identified by the US Food and Drug Administration Out of Sight, Out of Mind, Out of the Peer-Reviewed Literature, JAMA Intern Med. Published online, doi:10.1001/jamainternmed.2014.7774, February 09, 2015.
  • The FDA doesn’t tell you when it finds scientific fraud, theverge, February 9, 2015.
  • FDA fails to report fraud in clinical trials – study, Reuters, February 10, 2015.

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