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The FDA’s treatment of the Digitek saga has been a source of great criticism amongst health and public officials. Many believe that the danger posed by the defective tablets could have been avoided if the FDA acted years ago, when it first uncovered significant deficiencies in the facility used to manufacture the tablets. According to the Center for Public Integrity, a non-profit and non-partisan investigative group, the FDA had concerns about Actavis as far back as 2006 when the agency uncovered unsound manufacturing practices and quality control violations after inspecting three Actavis Totowa plants in New Jersey. In a letter sent to Actavis the FDA stated, “there is no assurance that many drug products manufactured and released into interstate commerce by your firm have the integrity, strength, quality and purity that they purport to possess.” Still, even after reprimanding Actavis for serious violations, the FDA did nothing to halt the production or manufacturing of potentially deadly product. According to the FDA, Actavis chose to voluntarily recall all the products manufactured at this facility, including the double-thick Digitek tablets, after questions regarding the deficiencies were raised. What the Agency fails to point out though, is that the recall came almost three years after the initial inspection found problems. What Recall? The FDA labeled the Digitek recall as a Class 1 recall, which is the most serious type issued by the agency, usually reserved for drugs that can lead to serious injury or death. What critics found surprising though was the lack of publicity surrounding the recall, despite its severity. Critics believe that neither Actavis nor the FDA did their best to assure that the public and health providers were notified of the danger. The FDA never held a press conference and it failed to issue its own news release on the recall. Also, neither Actavis nor the FDA sent warning letters alerting physicians of the danger. The recall unfortunately comes too late for the patients and families whose loved ones unknowingly were overdosed by ingesting the potentially deadly tablets. Well known cardiovascular epidemiologist and former FDA advisor Curt Furberg said that FDA’s handling of Actavis indicated a “total failure of the system to oversee the production of medications and follow up on recalls,” adding that the FDA “should have issued an alert or asked the manufacturer to issue an alert to be sent to all physicians.” Furberg also showed concern that no one has yet tracked or accounted for the millions of double-dose pills affected by the recall. He claims that many potentially “poisonous pills” could still be sitting in medicine cabinets and shelves. Officials React Four months after the controversial recall, the House Energy and Commerce Committee began an investigation into the alleged FDA shortcomings regarding Actavis. Congressman John Dingell, D-Mich., chairman of the committee, and Bart Stupak, D-Mich., chairman of its oversight subcommittee, wrote a letter to the FDA on October 8, 2008, asking for records regarding the agency’s history with Actavis in an effort to determine “whether the FDA permitted additional products from this firm onto the market while the agency knew or should have known about the breakdown of manufacturing practices at Actavis or its subsidiaries.” Both the FDA and Actavis maintain that reports of injuries posted on the FDA’s AERS website are not proof that patients were harmed by Digitek. Outside experts remain concerned as the investigation into the recall continues. To report side effects to the FDA, call the FDA’s hotline at 800-FDA-1088 or visit the FDA's MedWatch web site To get legal representation for a personal injury or wrongful death claim, contact us today for a free initial consultation.
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