• where experts go to learn about FDA
  • Month: September 2017

    • Accelerating Accelerated Approval & Other Drug Development Signals from FDA’s Approval of 1st  Therapy for ChagasSeptember 13th, 2017

      On August 29, 2017, FDA approved Chemo Research’s NDA for benznidazole for treating children with Chagas disease and granted the sponsor a Tropical Disease Priority Review Voucher (PRV) (see FDA Press Release here).  This is the first drug to treat Chagas disease, a life-threatening parasitic disease that affects …

    • Join Our Team: HP&M Seeks Drug Development AttorneySeptember 11th, 2017

      Hyman, Phelps & McNamara, P.C., the nation’s largest boutique food and drug regulatory law firm, seeks an attorney to work with our drug development team. The attorney will assist our clients secure FDA approval for new drugs by leveraging our legal expertise of the approval …

    • Rehearing Urged for Bad Ninth Circuit DecisionSeptember 10th, 2017

      In July, as reported here, the Ninth Circuit reversed the lower court’s decision to dismiss a False Claims Act (FCA) case against Gilead Sciences, Inc.  Not surprisingly, Gilead timely filed a petition for rehearing or rehearing en banc with the Ninth Circuit, and several groups submitted …

    • FDARA Enacted; HP&M Issues Detailed Summary and AnalysisSeptember 7th, 2017

      On August 18, 2017, President Trump signed into law the Food and Drug Administration Reauthorization Act of 2017 (“FDARA”).  In addition to reauthorizing and amending several drug and medical device provisions that were scheduled to sunset, FDARA also makes several changes to the law concerning …

    • PhRMA and BIO Team Up Again to Challenge a State Drug Pricing LawSeptember 7th, 2017

      On September 1, 2017, two industry trade associations, Pharmaceutical Research and Manufacturers of America (“PhRMA”) and Biotechnology Innovation Organization (“BIO”), jointly filed a civil action seeking declaratory and injunctive relief against the Nevada Governor and Director of the Nevada Department of Health and Human Services …

    • REMS Program Violations Result in Disgorgement and False Claims Act LiabilitySeptember 6th, 2017

      In a settlement noteworthy to any company with a drug subject to a Risk Evaluation and Mitigation Strategy (“REMS”), on September 5, 2017, the U.S. announced a multi-million dollar civil settlement with Novo Nordisk for an alleged violation of REMS requirements for its drug Victoza …

    • Medical Device “Fraud on the FDA” Theory Might Be Viable in Minnesota, if Properly PledSeptember 6th, 2017

      Since the Supreme Court issued its False Claims Act (“FCA”) ruling in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016) courts have grappled with Escobar’s concept of FCA “materiality.” Materiality was described by the Supreme Court as a “rigorous” …

    • Center for Food Safety Sues USDA Alleging the Agency Missed a Deadline in GMO RulemakingSeptember 4th, 2017

      As readers of this blog may recall, last year on July 29, 2016, the National Bioengineered Food Disclosure Standard Act (“the Act”) was signed into law.  This Act directs the Agricultural Marketing Service of the USDA to develop “a national mandatory bioengineered food disclosure standard” …