News in brief - Jan. 2/9, 2006

Doctors allowed to use religious beliefs as defense - Mistrial in first federal Vioxx case - Wisconsin considers suing FDA over Plan B decision - ACGME honors leaders in graduate medical education

Doctors allowed to use religious beliefs as defense

A California appellate court last month ruled that two physicians can use religious beliefs as a defense in a case involving a woman who said the ob-gyns stopped treating her because of her sexual orientation.

The case involves patient Guadalupe Benitez, who filed a lawsuit in 2001 alleging that doctors at North Coast Women's Care Medical Group Inc. in Vista, Calif., refused to artificially inseminate her due to their religious beliefs. Benitez said she was treated at the clinic for infertility, but doctors refused to continue seeing her when she told one of them she was a lesbian, according to court records.

In her lawsuit, Benitez claims that the doctors discriminated against her. A lower court judge ruled that the physicians could not use religious beliefs as a defense. But on the doctors' appeal, the California Court of Appeal, Fourth Appellate District, Division One disagreed, ruling that their religious beliefs was a viable defense.

Mistrial in first federal Vioxx case

A hung jury led a federal judge in Houston in December 2005 to declare a mistrial in the first federal lawsuit to go to court against the makers of the painkiller Vioxx.

The jury could not agree whether drug manufacturer Merck & Co. was liable in the death of Richard Irvin, a Florida man who died of a heart attack in 2001 after using Vioxx (rofecoxib) for a short time. The lawsuit is one of thousands accusing Merck of failing to issue safety warnings about Vioxx. Merck officials voluntarily pulled the COX-2 inhibitor from the shelves in September 2004 after data pointed to increased cardiovascular risk for patients who took the drug for at least 18 months.

Philip Beck, Merck's lead trial counsel, said they were pleased that eight of nine jurors sided with the company. "In a state court, that would be enough for a defendant to win outright," he said. Federal courts require a unanimous verdict.

The decision coincided with a New England Journal of Medicine editorial that said Merck withheld data on three heart attack patients for a 2000 article in the journal. Journal editors said excluding the data made the drug study's safety conclusions incorrect.

Jere Beasley, who represents Irvin's family, said the NEJM report will be crucial in strengthening their case. Beck, however, said the editorial would not have a significant effect on the retrial. He said Merck submitted the data in an appropriate and timely manner. At press time, a retrial date had not been set.

Wisconsin considers suing FDA over Plan B decision

Wisconsin Gov. Jim Doyle in December 2005 gave his attorney general the green light to sue the Food and Drug Administration for delaying over-the-counter approval for the "Plan B" emergency contraceptive commonly known as the morning-after pill.

The FDA said there was a lack of safety information for girls younger than 16. But Doyle criticized the FDA's decision for being politically rather than scientifically motivated.

Attorney General Peg Lautenschlager is working with the Wisconsin Dept. of Health and Family Services to determine whether the state will file its own lawsuit or join a lawsuit the Center for Reproductive Rights filed in January 2005.

Wisconsin doctors who support Plan B say there is good evidence to support its effectiveness against fertilization, while opponents say the pill could be used as an abortive agent.

The FDA would not comment on the litigation but said it is reviewing public comments before making a further decision on whether to approve over-the-counter status. The drugmaker applied to sell the pill without a prescription to women 16 and older but still awaits FDA approval.

Other states, such as Illinois and California, have passed laws to sell the contraceptive to women older than 16, but Wisconsin state officials say the Legislature has not indicated whether it will follow suit.

ACGME honors leaders in graduate medical education

The Accreditation Council for Graduate Medical Education named the first-ever winners of an award honoring those in graduate medical education.

Rosemarie Fisher, MD, of Yale- New Haven Medical Center and Pamela Boyers, PhD, of Riverside Methodist Hospital in Columbus, Ohio, received the ACGME's 2006 Courage to Lead Award.

The award is for designated institutional officials, a position responsible for all residency programs at a teaching hospital, community hospital, medical school or other institution that sponsors graduate medical education. It recognizes DIOs for their leadership; dedication to promoting the professional, ethical, and personal development of residents; and commitment to safe and appropriate care of patients.