Congress Should Act to Halt FDA Rationing

The reaction to the Food and Drug Administration (FDA) rationing scheme for late-stage cancer drugs has been met with a swift reaction from both sides of the political aisle. Even liberal Democrats who voted to implement ObamaCare have voiced critical objections to the FDA’s denial of Avastin for breast cancer patients. Even the Susan Komen Foundation for a Cure raised concerns.

But one of the more interesting aspects of the FDA’s scheme is the specious claim that Avastin does not work. But on the same day of the ill-advised decision, the FDA’s European counterpart — representing the government-run health care systems in the European Union – issued a statement approving Avastin for metastatic breast cancer concluding that the “benefits continue to outweigh the risks, because the available data have convincingly shown to prolong progression-free survival of breast cancer patients without a negative effect on the overall survival.”

This evidence certainly undercuts the FDA’s claims. Europe’s government-run health care systems openly ration drugs based on cost concerns. The British, for example, have rationed Avastin and admitted the decision was based solely on cost considerations. With a “push-button” rationing system, the fact that the Europeans recognize the benefit of the drug raises further questions about the true reasons for the FDA’s decision to deny patients and doctors access to the drug.

The House Republicans have pledged to move a repeal of ObamaCare quickly but have many institutional hurdles to overcome. In the meantime, they must not allow patients to suffer from the obvious and immediately implications of the FDA decision. Overturning the FDA’s decision must be high on the legislative agenda when Congress returns in 2011.