Fentanyl Drug Maker Files for Bankruptcy

Thomas Falasca, June 19, 2019, physician and author of Physician’s Guide to Better Medical Decision Making: Critical Thinking in Medicine

Another drug manufacturer is in trouble over connections to the current US opioid epidemic.

Drug maker Insys Therapeutics, on June 11, filed for Chapter 11 in U.S. Bankruptcy Court in the District of Delaware. The company manufactured 

SubsysTM, a fentanyl under-the-tongue spray, approved by the FDA in 2012 only for cancer pain. 

A month previously, in Boston, a federal jury determined Insys founder and majority stockholder, John Kapoor, along with four other former executives and managers, guilty of engaging in a racketeering conspiracy.

The company paid medical practitioners bribes for prescribing and promoting Subsys, bribes disguised as speakers’ fees ostensibly to educate clinicians about Subsys.

The problem is threefold: the offering of kickbacks by the company, the acceptance of kickbacks by the physicians, and the off-label promotion of the drug for non-cancer pain.

Of course, the racketeering conspiracy charges are meant to deter future companies and physicians from engaging in such activities.

However, off-label promotion needs to be more strictly defined. It does little good to prohibit explicit off-label advertising and then allow drug companies to pay representatives to tell physicians that although a drug has not been approved for an application, it has been used for that application.  If a drug is not FDA approved for an application, then that application should not be mentioned in the company’s paid promotions.

Discover more from Better Medical Decision Making

Subscribe now to keep reading and get access to the full archive.

Continue reading