Federal Court Protects Alimta Against Generic Competitor

Eli Lilly & Co. has won its case in Federal court in Delaware where it sought to protect its patent for the drug Alimta.  Alimta (pemetrexed for injection) now marketed by Eli Lilly & Co. (“Lilly”) was developed in clinical trials by Lilly in the early 1990s after it was discovered that disodium pemetrexed, the active ingredient of Alimta, was very effective when dosed in a concentrated liquid for treating mesothelioma and other forms of lung cancer.

Since its approval by the FDA in 2004, Alimta has been used in conjunction with another chemotherapy drug, Cisplatin, to treat patients with malignant pleural mesothelioma.  Malignant pleural mesothelioma (“MPM”) is a form of cancer that forms in the lining of the lung and is caused by exposure to asbestos fibers.  Symptoms of mesothelioma typically do not begin to develop until decades after exposure, and after the cancer has reached advanced stages.

Treatment options for any late stage cancer but particularly mesothelioma are limited and cannot be curative so therefore focus on palliative relief and improving quality of life.   Standard therapies for mesothelioma include surgery (when possible,) chemotherapy and radiation therapy.  Alimta is one of the most commonly used drugs in chemotherapy to treat mesothelioma.

The combination of Alimta and Cisplatin has been used to slow or shrink MPM in patients and has provided a treatment option in many cases where surgery was not an option due to the patient’s health or age.   Clinical trials offered through the National Cancer Institute (NCI) are constantly searching for new combination therapies or drugs that might help lengthen survival times and improve quality of life.

The Federal court found that Eli Lilly & Co.’s patent would be infringed upon if Teva Pharmaceuticals Industries, Ltd. was allowed to market a generic version of Alimta in the United States.  Eli Lilly & Co. claimed their patent does not expire until 2016.

This entry was posted on Tuesday, December 28th, 2010 at 10:26 am and is filed under Mesothelioma Treatment. You can follow any responses to this entry through the RSS 2.0 feed.

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World Cancer Day Helps in Fight Against Mesothelioma

Today is World Cancer Day, sponsored by the Union for International Cancer Control (UICC) and supported by the American Cancer Society.  Cancer is the leading cause of death around the world, and lung cancer is the second most common type of cancer in both men and women.  Some types of lung cancer could be completely avoided if toxins were not introduced to the body.  Malignant Pleural Mesothelioma is one of those types of lung cancer that could have been avoided, as it is primarily linked with asbestos, a naturally occurring yet carcinogenic mineral.

Sadly, about 3000 people a year in the United States alone are diagnosed with mesothelioma, a cancer that affects the lining of internal organs that has no cure.  What even more sad is that mesothelioma could have been completely prevented if the companies that manufactured, sold and distributed ( in others words made a lot of money off of) asbestos had revealed what they knew or at least warned employees and put warnings on products made with asbestos.  Evidence from as early as the 1930’s showed that exposure to asbestos caused serious illnesses, including fatal forms of cancer.  Yet companies did nothing to adequately inform, protect or prevent harmful exposure to millions across the globe.

Asbestos use was regulated in the United States in the early 1980’s, yet exposure still continues.  One, there are still thousands of asbestos containing products in buildings, ships, cars that were made before the restrictions.  Two, Canada is still exporting a form of asbestos called chrysotile.  And, three, many developing countries are still using asbestos, without giving warnings or taking precautions to prevent dangerous exposure.

So…what does this have to do with World Cancer Day???  There are many ways that one can support ending cancer worldwide, including mesothelioma, through the ACS and UICC.  Today, at sunset, the Empire State Building in New York will be illuminated in orange and blue lights to mark World Cancer Day and show tribute to the millions whose lives are affected by cancer and other non-communicable diseases.  You can join people all over the world who are committed to lower the cancer burden in any number of ways by checking out the resource or event section of the UCIC website:  http://www.worldcancerday.org/wcd-resources.

On September 19 and 20, the United Nations Summit will meet to discuss and come up with ways to respond to threats that continue to cause cancer and other disease, especially preventable threats.  One way to get involved is through making your voice heard and stories known and asking the UN to add chrysotile asbestos to the United Nations Watch List (read our recent article Asbestos Kills Yet Key Stakeholders Block from Global Blacklist)

Join global efforts to end cancer, and especially mesothelioma – a cancer so preventable if enough voices protested the continued use of asbestos and if the people at risk of being exposed who were warned and protected.  We ask that you do something, anything.  We see our clients suffer from this disease every day, and although we are dedicated to successfully fighting mesothelioma lawsuits to help them get financial help for treatment and for their families, our greatest hope is that measures be taken so no one else is ever exposed.

This entry was posted on Friday, February 4th, 2011 at 6:02 pm and is filed under Mesothelioma. You can follow any responses to this entry through the RSS 2.0 feed.

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Another Court Decision Against Health Care Reform

The Affordable Care Act that became law last year promises to make health care affordable and accessible for nearly all Americans, including Americans with mesothelioma. However, many people object to the law and want it repealed and replaced with something else. Several states have challenged the act in court, mostly on the basis that mandating that people must purchase health insurance, which the Affordable Care Act stipulates, exceeds the constitutional powers of Congress.

Today a federal judge in Florida ruled that the mandate for individuals to purchase health insurance is unconstitutional. So far, two federal judges have said it is constitutional, and two have said it isn’t. About a dozen other federal judges have dismissed the suits against the Act.

Today’s ruling by Judge Roger Vinson of the Federal District Court in Pensacola, Fla.,goes further than the other “nay” opinion, by Judge Henry Hudson of Virginia. Judge Hudson had ruled that only the individual mandate was unconstitutional, but that the rest of the law could stand. Judge Vinson, on the other hand, struck down the entire Affordable Care Act.

The law will stay in effect until all court challenges are resolved by the Supreme Court, which  probably will take a couple of years.

A few days ago a repeal of the Affordable Care Act was passed in the House. There is little chance such a law would pass in the Senate, however, and in any event it would certainly be vetoed by President Obama. That means it is unlikely the law will be repealed unless it is struck down by the Supreme Court.

Could that happen? Anything is possible. Louis Seidman, a professor of constitutional law at Georgetown University, told Greg Sargent of the Washington Post that it will all come down to the Court’s “swing” voter, Justice Anthony Kennedy. Professor Seidman also found Judge Vinson’s reasoning to be flawed. The constitution’s “necessary and proper clause” provides for the regulation of anything that “has an effect” on interstate markets, Professor Seidman said.

A wrinkle in the repeal effort is that the insurance industry has signaled that it rather likes the individual mandate and doesn’t want it repealed. Insurance companies have been reworking their business models and preparing for millions of new customers. If the Affordable Care Act, or even just the individual mandate, is tossed out by the Court a couple of years from now, health insurance companies could see it as a big setback.

And, of course, the United States would go back to square one in reforming health care.

This entry was posted on Monday, January 31st, 2011 at 6:59 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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