- Associated Press - Tuesday, September 28, 2010

WASHINGTON (AP) - Federal inspectors have reopened an investigation into complaints by Food and Drug Administration scientists who say they were pressured by their managers to approve high-tech medical scanners that could pose harm to patients.

The lead inspector overseeing the matter told The Associated Press on Tuesday that the inquiry into the allegations, which were dismissed in February, is being revisited to look at manager misconduct.

“The original intent of the investigation was to look at criminal matters and our agents did that,” said Gerald Roy, deputy inspector general for investigations in the Department of Health and Human Services. “But I point toward broader issues that really compelled me to take a second look at this and reopen it from an administrative perspective.”

The HHS office of inspector general, which oversees the FDA, closed the case in February after finding there was “no violation of law.”


But the whistleblowers have repeatedly stressed that their grievances involve mismanagement and violations of regulations _ which don’t fall under criminal law.

Nine FDA medical device reviewers alleged in 2008 that agency management overruled their opinions without supporting evidence and tried to intimidate them when they went public with their concerns.

At issue are CT scanners, MRI machines and other medical devices that use radiation to detect or treat diseases. Many of the devices allow lifelike pictures of the human anatomy, but carry a higher risk from radiation than older scans such as X-rays.

In recent years, hundreds of radiation overdoses have been reported with imaging devices used by hospitals across the country. The whistleblowers say these problems underscore the concerns they raised about such devices.

The new probe comes after prodding from lawmakers and nonprofit watchdog groups, including the Project for Government Oversight. In a letter to the inspector general Tuesday, the group calls the previous investigation a “sham.”

“If these allegations are true, the FDA is failing in its primary mission of keeping people safe,” said Danielle Brian, the group’s executive director.

An agency spokeswoman said she could not immediately provide comment Tuesday.

Since the FDA whistleblowers went public with their concerns _ in letters to Congress and the Obama administration in 2008 and 2009 _ at least two scientists have been let go and another has quit after alleged intimidation.

Interviews with the staffers and internal e-mails obtained by The Associated Press provide new details of alleged mismanagement in the FDA’s device division.

Central to the scientists’ complaints is an FDA pathway to approval that allows speedy clearance if a device appears comparable to others already on the market.

Former FDA reviewer Dr. Gamal Akabani repeatedly recommended against clearing radiation-emitting devices used to treat cancer under the accelerated system, saying the devices needed to undergo actual testing to prove their safety and effectiveness. Between 2007 and 2008, Akabani said he was frequently pressured by supervisors to change his opinion, he said in an interview with The Associated Press.

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