# \[e-drug\] Lancet: Is GSK guilty of fraud?

**URL:** <https://talk.edrugplus.org/t/e-drug-lancet-is-gsk-guilty-of-fraud/19864>\
**Category:** e-drug\
**Created:** [June 15, 2004, 1:00pm UTC](https://talk.edrugplus.org/t/e-drug-lancet-is-gsk-guilty-of-fraud/19864 "2004-06-15T13:00:24Z")\
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**Author:** ![E-drug](https://avatars.discourse-cdn.com/v4/letter/e/ecd19e/32.png) [@E-drug](https://talk.edrugplus.org/u/E-drug)\
**Post date:** [June 15, 2004, 1:00pm UTC](https://talk.edrugplus.org/t/e-drug-lancet-is-gsk-guilty-of-fraud/19864/1 "2004-06-15T13:00:24Z")

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E-DRUG: Lancet: Is GSK guilty of fraud?  
---------------------------------------  
[Quite an unusual editorial of the Lancet, as the court case is still  
ongoing.  
The Lancet's request was answered by GSK on their website; see  
[http://www.gsk.com/media/paroxetine.htm](http://www.gsk.com/media/paroxetine.htm)  
Copied as fair use. WB]

Is GSK guilty of fraud?

[http://www.thelancet.com/journal/journal.isa](http://www.thelancet.com/journal/journal.isa)

Whether paroxetine, a selective serotonin reuptake inhibitor made by  
GlaxoSmithKline, should be prescribed to depressed children and adolescents  
has been the subject of recent clinical controversy (see Lancet 2004; 363:  
1335). Debate over the drug's efficacy and safety has been mostly confined  
to the academic medical and drug-regulatory communities. But last week the  
issue was catapulted into a much wider arena, with the filing of a lawsuit  
against GSK in New York by that state's Attorney General, Eliot Spitzer. The  
state accuses the company of fraud, by depriving consumers of the  
information they and their doctors need to make informed decisions about  
treatment, and seeks the return of all profits obtained through fraudulent  
means.

The stakes are high, for all concerned. GSK's net income in 2002 was more  
than US$6�9 billion, and in the first quarter of 2004, sales of paroxetine  
were $533 million. 2�1 million paroxetine prescriptions for children were  
written in the USA in 2002.

The story of this drug has been full of twists and turns, approvals and  
warnings. Paroxetine is approved for the treatment of various psychiatric  
disorders in adults but is not approved, either in Europe or North America,  
for use in patients younger than 18. But not uncommonly, doctors can  
prescribe drugs for unapproved indications, if they believe this is in the  
best interest of the patient. "Off-label" prescribing in the USA is governed  
not by the Food and Drug Administration (FDA) but by individual states,  
which regulate the practice of medicine. So the state of New York can claim  
a fiduciary duty to protect patients.

Paroxetine's safety and efficacy in children have been tested in at least  
five studies sponsored by GSK, only one of which has been published.  
Although that trial's results were mixed, they were heralded in a memorandum  
entitled "Paxil demonstrates REMARKABLE Efficacy and Safety in the treatment  
of adolescent depression". The other studies showed either mixed or negative  
results: paroxetine was no better than placebo at treating depression in  
children, and was associated with a possibly increased risk of suicidal  
thinking and acts. What constituted suicidal behaviour was eventually coded  
as "emotional lability". Doctors were able to obtain some, though not all,  
of this information, only by specific request. An internal memorandum issued  
at GSK in 1998, now disavowed, was aimed at managing "the dissemination of  
these data in order to minimize any potential negative commercial impact".

The lawsuit alleges that GSK suppressed the results of these studies,  
failing to make them available to doctors, in a demonstration of "repeated  
and persistent fraud". By providing only partial information about safety  
and efficacy, GSK caused doctors to have a biased and misleading picture of  
the drug. Doctors were thus unable to assess the balance of its risks and  
benefits and could not discharge their professional duties to their  
patients.

GSK maintains that it has "acted responsibly" in undertaking studies and in  
disseminating their results. Disclosure of the results, however, by GSK's  
own admission, has been limited to the FDA and other regulatory agencies.  
The company claims to "have publicly communicated data from all pediatric  
studies", apparently in abstract form at conferences attended almost  
exclusively by specialists.

GSK appears to be floundering in the semantic depths. While it has been  
earnestly parsing the meaning of "suicidal thinking and acts" and  
"publicly", it appears to have forgotten what lies behind those  
words--people. People enrolled in GSK's studies; people bought the drug;  
people gave consent to participate in trials, presumably believing the  
results would be made public. Many researchers and journals have argued  
strongly that all clinical trials should be registered and all their results  
published. But as the lawsuit pointedly demonstrates, the time has come for  
these matters to be revealed in a bright and public light. By moving the  
issue into the public sphere, the pharmaceutical industry may be forced to  
acknowledge that all its results, whether positive or negative, are obtained  
only by virtue of the voluntary cooperation of the public.

This contest ought to follow the example set by recent tobacco-company  
litigation. GSK must create a public archive of all documents relating to  
paroxetine in under-18s. If GSK has nothing to hide, as it claims, it should  
open its files before being ordered to do so by a court--and do so right  
now.

The Lancet

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