GOVERNMENTPatent law's impact on patients debatedLawmakers, FTC probe what they see as anti-competitive practices by brand-name drug manufacturers.By Markian Hawryluk, amednews staff. May 13, 2002. Washington -- Senators are trying to decide which side to support -- Marion Wolff's or Shelbie Oppenheimer's -- in a congressional debate over drug patent laws. Wolff, a retired mathematics teacher, was diagnosed with gastritis and Barrett's esophagus. She spends nearly $1,200 a year of her own money to purchase Prilosec (omeprazole) to prevent her condition from developing into cancer of the esophagus. Oppenheimer is waiting for a cure for amyotrophic lateral sclerosis. Without treatment, most ALS patients die two to five years after diagnosis. Wolff would like to see a generic version of Prilosec hit the market. The drug's manufacturer, AstraZeneca, is vigorously defending its patents in suits against 13 generic manufacturers. "It infuriates me to know that dozens of lawyers are busy exploiting legal loopholes in the patent laws to postpone the marketing of generic drugs at the expense of people like me," Wolff told senators at a recent hearing. On the other side of the issue is Oppenheimer, who is worried that opening the market to greater generic competition will stifle research for an ALS cure. "I want innovative companies to have the desire to apply their skills to ALS drug development, and I want their business considerations to be protected," she said at the hearing As escalating drug costs threaten the viability of private health plans, state Medicaid budgets and even the potential Medicare outpatient prescription drug benefit, Congress is feeling the pressure to choose between Wolff and Oppenheimer soon.
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Copyright 2002 American Medical Association. All rights reserved.
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