Congressional Report Finds FDA Ignored Agency Protocols in Approving Biogen’s Aduhelm Alzheimer’s Drug

Concerns have been raised about whether federal drug regulators failed to follow their own standard protocols when approving the controversial Alzheimerโ€™s disease drug Aduhelm, after a new Congressional report suggests that the FDA had an unusually close relationship with Biogen, the manufacturer.

Aduhelm became the first novel therapy approved for the treatment of Alzheimerโ€™s since 2003, after it was granted approval through the FDAโ€™s Accelerated Approval Program in June 2022. The drug is designed to reduce the presence of amyloid beta plaques in the brain, which are believed to be linked to the progression of the disease. However, the decision to approve the medication immediately raised questions, since it followed the unanimous recommendation against approval by a panel of independent advisors to the FDA, due to questions about Aduhelm’s effectiveness treating Alzheimer’s.

Following an 18 month investigation that looked into why the drug was approved, a joint report was released this week by the U.S. House of Representative’s Committee on Oversight and Reform, and Committee on Energy and Commerce, titled โ€œThe High Price of Aduhlemโ€™s Approvalโ€ (PDF), highlighting the overly cozy releationship between the FDA and Biogen.

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The agencyโ€™s approval led to several members of the FDAโ€™s Peripheral and Central Nervous System Drugs Advisory Committeeย resigning in protest, and several congressional committees are looking into the decision. The agency has since faced a number of serious questions, such as why the FDA approved the drug when its own experts said it should not, and whether there was an improper working relationship between the agency and the drugโ€™s manufacturer, Biogen.

Lawmakers Question FDA, Biogen Relationship and Aduhelm Approval

House staffers reviewed more than 500,000 pages on documents and held multiple briefings with the FDA.

โ€œThe Committeesโ€™ review of these materials reveals that FDAโ€™s review and approval of Aduhelm consisted of atypical procedures and deviated from the agencyโ€™s own guidance,โ€ the report determines. โ€œThese materials also reveal that Biogen had aggressive launch plans for Aduhelm โ€“ including in its label and pricing โ€“ despite concerns about efficacy, safety, and affordability.โ€

The House report notes that the FDAโ€™s accelerated approval of Aduhelm occurred despite the fact that Biogen had cancelled clinical trials for the Alzheimerโ€™s drug in March 2019. Aduhelm is supposed to reduce amyloid beta plaque in the brain, but an independent report at the time found it was unlikely to be a benefit to Alzheimerโ€™s patients and determined no further clinical trials should be conducted.

However, just three months after the clinical trials were cancelled, FDA staff members and Biogen formed a โ€œworking groupโ€ which engaged in at least 115 meetings, calls and email discussions over the next year. At least 40 of those meetings were focused on dragging Aduhelm through the approval process despite evidence the drug just did not work. The House investigators found some of the meetings were not properly documented according to FDA protocols, raising suspicions.

The report determined that the FDAโ€™s interactions with Biogen were atypical, failing to follow the agencyโ€™s documentation protocol on many occasions, making it hard to determine what happened at those meetings. At least 40 working group meetings between FDA staff and Biogen, 66 phone calls and a substantial number of email exchanges were not properly documented, House staffers determined.

House investigators also found that the FDA and Biogen inappropriately collaborated to create a joint briefing document for the FDA Advisory Committee. Even that was not enough to prevent the FDAโ€™s advisors from resoundingly rejecting Aduhelm, which did not stop the FDA from approving it.

โ€œThe Committees obtained evidence that FDA and Biogen staff worked closely for several months ahead of the November 6, 2020, PCNS Advisory Committee meeting to prepare the joint briefing document for the Committeeโ€™s review,โ€ the investigators wrote. โ€œDocuments show that using a joint briefing document afforded Biogen advance insight into FDAโ€™s responses and direct guidance from the agency in drafting the companyโ€™s own sections.โ€

Despite the failed clinical trials, and despite the rejection by the FDAโ€™s own panel of advisors, the agency granted Aduhelm accelerated approval anyway, and then when the drug came out, investigators found that Biogen planned to set an unusually high price of $56,000 per year for treatment. Then the company planned to spend $3.3 billion to market the drug, which is three times how much it cost to develop.

โ€œThe findings in this report raise serious concerns about FDAโ€™s lapses in protocol and Biogenโ€™s disregard of efficacy and access in the approval process for Aduhelm,โ€ the report concludes โ€œThe criticism surrounding Aduhelmโ€™s approval pay have been avoided had FDA adhered to its own guidance and internal practices. FDA must take swift action to ensure that its process for reviewing future Alzheimerโ€™s disease treatments do not lead to the same doubts about the integrity of FDAโ€™s review.โ€

Written by: Irvin Jackson

Senior Legal Journalist & Contributing Editor

Irvin Jackson is a senior investigative reporter at AboutLawsuits.com with more than 30 years of experience covering mass tort litigation, environmental policy, and consumer safety. He previously served as Associate Editor at Inside the EPA and contributes original reporting on product liability lawsuits, regulatory failures, and nationwide litigation trends.




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