Eshoo’s bill will grant a 12 year monopoly to drug companies on biologic “drugs of the future,” whereas conventional drugs only have 5 years. And because of an “evergreening” provision (which Eshoo denies is included in her bill, but Henry Waxman insists is very much there when he condemned it) that monopoly can be extended by slight tweeks in the drugs.
These drugs are critical for AIDS patients, breast cancer patients, children with cancer and diabetes, and can cost $50,000 to $100,000 or more a year. Even with insurance and a 20% copay, it puts them out of the reach of most people for long — and it spells financial ruin for those who need them for the rest of their lives.
Laura Musselwhite of AMSA organized the event, and she is simply incredible. Listen to her tell the story of the breast cancer patient whose cancer eats through to her skin because she can’t afford Herceptin. Alan Zhou tells of being at dermatology camp with kids who are ostracized and ridiculed for skin diseases that could be treated with biologics, but despite being fully insured their parents still can’t afford them. Their passion for being healers and their pure commitment shines through.
Special thanks to Senator Chris Dodd’s staff, the only Democratic Senator whose staff would meet with them. It meant a lot to the students.
Generic drug makers told Henry Waxman that if Eshoo’s amendment passes, they’ll never manufacture these biologics profitably because the deck will be stacked against them. Which means market protection will keep the price from ever coming down. To these students, that means never being able to treat patients with the tools they need to heal them.
These incredible medical students are passionate about this cause and they are demonstrating around the country to raise awareness about this issue, and they’re asking other medical student to join them.
Please help them spread the word by telling Senators Sherrod Brown, Chuck Schumer, Debbie Stabenow, Susan Collins and David Vitter (yes, that David Vitter) to help them fight to defeat Eshoo and PhRMA.




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Thank you Jane for staying on top of this for us. My sister is a six year and counting Breast Cancer survivor.
Edit: Not that I would not be concerned over this if I didn’t have a personal connection mind you.
“Eshoo denies is included in her bill” is an understatement, considering the way she attacked Jane at HuffPost for having the audacity to call her out for being in bed with PhRMA.
Eshoo wants everyone to look at her smile, not to bother themselves too much with looking at the details of what she’s doing, and then plays the victim while attacking Jane for calling her out on what she is really doing in regard to granting manufacturers of life-saving “biologic” drugs the huge gift of never having to face competition from generic “biosimilar” versions, i.e. Jane caught her in bed with PhRMA and thinks the best way to deal with it is to attack Jane (rather than fix the legislation).
Wait. A protected market with implicit price controls. Isn’t that socialist? So it is true that the Democrats want socialism?
Jane keep up the work for all HIV and Cancer patients! Anna’s bill is nothing but a death sentence for many Americans as they just can’t afford these biologic until they become generics. Just how many will die in the name of profits??
I am sorry to say Anna is my Congress critter nad I am ashamed that I voted for who I thought was progressive but I was sadley mistaken… Never happen again…
What a wonderful contrast to see rational educated people, speaking from real-life experience, visiting our Capitol.
Thanks for sharing this video Jane.
- Tom
Eshoo latched on to Jane saying evergreening is allowed for changes in route of administration, dosing schedule, dosage form, delivery
system, delivery device, or strength in a post a week ago. Eshoo’s bill does prohibit evergreening for those things if those are the only changes.
Unfortunately Eshoo’s bill allows evergreening for undefined “structural” changes to the biological drug. As Eshoo’s legislation is written a drug could be given 12 more years for changes that can be done at my local high school using processes that have been off patent for several years.
Eshoo’s staff still hasn’t explained to me (a constituent) how she’s going to fix that. I’ve emailed twice. Phone call tomorrow. LTE to Mercury News thereafter it about 50% written.
Eshoo also keeps bringing up Ted Kennedy’s support for the Senate version of bad biosimilars legislation over Schumers. The merits of the better legislation don’t seem to be worthy of discussion by her – thus far Anna Eshoo has refused to do more than echo PhRMA talking points on “Stifling innovation” and similar pap while continuing to ignore our arguments.
I wish these elected officials would remember who elected them. Acting against populist opinion in health care reform is sure going to bite them at the next ballot box!
yep, now patenting drug version 1.1, 1.2, 1.3, 1.4…infinity……
I have read that Obama has made a ‘deal’ with the drug companies that will continue their profits. I find such collusion beyond treacherous. Our president making deals is unacceptable, no matter how naive that sounds. He can have a platform and an agenda but he needs the consent of Congress in the form of a bill for him to sign. This administration is sorely disappointing.
she sure has lost my vote and my sweeties vote.. Now I am going to have to find a new candidate to vote for in the next primary. I sure hope Anna gets primaried!!
GOP wants government run hand in hand with by and for the Corporations. We want Government to act to help the people otherwise why pay taxes? The GOP hates taxes unless the little people pay them and the taxes are for war.
really well done video. thanks for sharing it.
I agree, that video is very well produced.
Here’s my followup letter to Eshoo’s Senior Field Representative Rachel (original here):
So far …. crickets.
Please let us know how it goes tomorrow. I’d really like to know if she’s planning on doing anything other than attacking people who point out that she does, in fact, have an “evergreening problem.”
Btw, the fact that all she’s done about it so far is to childishly attack Jane just makes it more obvious that she knew exactly what she was doing and is angry about getting caught.
Who says the Left is not bipartisan :) I just signed a petition for Senator Vitter not that I like the guy personally but because ideas matter to me and when I think your doing right I will support you.
Being bipartisan must be for a purpose a shared goal not just because you want to be nice. Find Shared goals make common cause. If you can’t try and convince them be nice at first but Firm and True in your Convictions and don’t back down unless they can prove you wrong with facts.
I don’t want to hear your Belief trumps Science. I Don’t want to hear its politically impossible. Especially when we have the WH, a filibuster proof majority in the Senate and a super majority in the House and huge public support for our plan and the GOP way below 50% public trust in the polls for their plan!
Do Insurance Companies and Big Pharma bribes trump Majority Rule is this a Democracy or a Corporationocracy?
Exclusivity and patent protection are different; the whole morass of how PhRMA maintains high prices is very confusing.
patent protection is for 20 years. Patents are applied for very early in the development of a drug. The 90/97 months to develop a drug mentioned in the video are part of this period, and the PhRMA does not have revenue during this period.
FDA will not license a drug until clinical studies are complete. The data from those studies showing safety, efficacy can not be used by other manufacturers until the exclusivity period is over. Sometimes drugs will be under patent when exclusivity expires, sometimes they will be off patent even before they are licensed to be sold.
The medical students make the point that “small molecule” drugs manage to be profitable with a 5 year period of data exclusivity, development costs are similar on average for small molecule and biological drugs, so the monopoly on using the clinical data exclusively should be the same. The FTC recommends that there be no exclusivity period for biological drugs.
Try to stop me from reporting on this.
I’m pissed off at Eshoo. I don’t see her attack as childish, and I want to see Eshoo walk the walk to make sure her legislation prohibits evergreen exclusivity.
I’ve also been keeping the medical students that were at Eshoo’s Palo Alto office in the loop on my follow up.
BTW, I know that it is no longer HR3200, I’ll fix that in my LTE. Damn moving targets.
Big Pharma charging so much for drugs is bad why it places short term profit for them over the bigger cost to society that tries to pay for these drugs. And the loss to society of all the contributions to society that people to poor to afford these drugs can make.
There are X amount of Geniuses, out there X amount of Heroes, X amount of Good People they are sprinkled throughout the population every class race religion etc if our society can’t give them the opportunity to flourish because money for good schools and good jobs is tied up in healthcare we lose.
We lose two ways first we lose all these Great People and other societies won’t because they have less healthcare costs so our society will decline with time relative to these other societies.
Second we lose when the survivors realize that in our society money is valued more than helping people then trust/cooperation in our society breaks down, old time Morals break down and crime rates will go up.
You wrote:
“Eshoo latched on to Jane saying evergreening is allowed for changes in route of administration, dosing schedule, dosage form, delivery system, delivery device, or strength in a post a week ago. Eshoo’s bill does prohibit evergreening for those things if those are the only changes.”
Are you SURE Eshoo’s bill prohibits evergreening in the changes you list above?
I thought I’d read from Jon Walker or someone else (DDAY?) that evergreening is NOT prohibited in changes in route of admin, DOSING schedule (ie: twice a day w/ NEW dose stronger for ONCE a day = new patent), etc. due to a loophole in Eshoo’s amendment?
Bottom line, though, we agree the amendment is bad policy, bad politics, bad healthcare and bad news! Grrr, them damned politicians!
What about Jay Inslee? Mr. Feelgood Liberal from Seattle? Isn’t he a co-sponsor of Eshoo’s amendment? Shouldn’t his chestnuts also be in the open fire?
Thank you for helping me to understand the difference between market exclusivity and patent. It was both very helpful and extremely useful.
Corporationocracy? ;-) I’d go with plutocracy. Majority rule and democracy only work when people know what their interests are, when people aren’t tricked into acting against their own interests, and when the rights of minorities are protected. Our democracy seems to be failing on all three counts because, as you say, the plutocrats abuse their power to feed their insatiable avarice.
it splits across page 1537 and 1538. I copied directly from the legislation the list of changes that do not restart exclusivity.
The giant hole is “not including a modification to the structure of the biological product”, which can include things like PEGylation, a relatively simple process that makes a large protein more active.
Sorry for the delay in getting back to you. I’ve been away for a while.
Thanks. I’ve been thinking about it since Saturday, I’m glad I was able to provide a concise statement on the subject.
It struck me in a post earlier this week – Production cost of these medicines may be 20% of the price charged – the patient could be paying the entire cost of producing the medicine as a copay. The insurance portion of payment would be profit, SGA, marketing, … and could be coming back to the insurance company through their investments in the PhRMA companies.
Like this:
Joe has health insurance with KMA insurance company.
He needs a biological drug called Savelife that costs $60,000 a year made by FU PhRMA company. He has a 20% copay, so he’s on the hook for $1,000 a month.
FU PhRMA manufactures the drug at a cost of $1,000 a month, including recovering the cost of 14 years development it took to being Savelife to market.
KMA insurance pays FU PhRMA $4,000 a month for Joe’s Savelife. FU PhRMA is part of KMA insurance’s investment portfolio, so KMA benefits from FU PhRMA’s dividend and increased market cap from their successful marketing of Savelife to all the Joes whose lives are saved.
Now all of these numbers and companies are just hypotheticals. But it could be that cozy, Kiss My Ass (KMA) insurance and F*ck yoU PhRMA make out, Joe pays or dies.
Wingnuts would have aneurisms, but FU PhRMA could be limited to 100% mark up for SGA, profit, etc. FU PhRMA would still be seeing a nice return for developing Savelife, KMA actually pays some of the production cost of the medicine…
You’ve identified the problem nicely, though it would seem that in your scenario (with Ki$$ My A$$ Insurance Co having F*ck youU PhRMA in its investment portfolio in order to benefit from dividends and increased market cap), Ki$$ My A$$ Insurance Co would have to have insiders’ knowledge – material non-public information – of F*ck youU PhRMA’s potential product lines between the time of the successful completion of testing and final approval for sale and distribution, no?
For example, take a look at this 5-year chart for the stock of Cell Therapeutics. This company’s stock literally went from trading at $300 per share five years ago, to $150, to $50-$60, to trade now at around $1 a share. They don’t/can’t offer dividends. To the best of my knowledge, that’s because several of their potential products failed to get approval, despite earlier hype about potential.
But I agree re your proposed solution: the wingnuts would have aneurisms!