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90 Fordham L. Rev. 2303 (2021-2022)
Slowing down Accelerated Approval: Examining the Role of Industry Influence, Patient Advocacy Organizations, and Political Pressure on FDA Drug Approval

handle is hein.journals/flr90 and id is 2350 raw text is: SLOWING DOWN ACCELERATED APPROVAL:
EXAMINING THE ROLE OF INDUSTRY
INFLUENCE, PATIENT ADVOCACY
ORGANIZATIONS, AND POLITICAL PRESSURE
ON FDA DRUG APPROVAL
Stephanie Diu*
The U.S. Food and Drug Administration (FDA) has been revered as the
gold standard in pharmaceutical safety and efficacy review since the 1960s.
More recently, partly in response to the HIV/AIDS epidemic and the pressing
need for new treatments, the FDA established an accelerated approval
process to hasten the review of new drug applications so that drugs could be
approved and brought to market as soon as possible. Although accelerated
approval has led to the availability of new treatments for patients with few
other options, this Note argues that, today, the FDA grants accelerated
approval too hastily and may be sacrificing scientific rigor in doing so.
On June 7, 2021, the FDA announced the accelerated approval of
AduhelmTM (aducanumab), sponsored by pharmaceutical manufacturer
Biogen, for the treatment of Alzheimer's disease. This approval occurred
despite intense criticism of the drug's efficacy from the scientific community
and concerns about potentially dangerous side effects. Using Aduhelm as a
case study, this Note illustrates the benefits and risks of the FDA's
accelerated approval process and proposes areas for improvement. It
suggests revisions to the role of advisory committees that weigh in on
whether a drug should be approved, offers ways to further incentivize
pharmaceutical companies to confirm a new drug's clinical benefits, and
theorizes how a controversial drug approval from the FDA could be
challenged in court.
INTRODUCTION................................................................................ 2304
. THE LEGAL AND SCIENTIFIC FRAMEWORKS UNDERLYING
ACCELERATED APPROVAL ................................................... 2306
A. The FDA's Historic Role in Drug Approval................... 2307
* J.D. Candidate, 2023, Fordham University School of Law; B.A., 2016, Princeton
University. I would like to thank Professor Wendy Luftig for her invaluable insight and
guidance. I am also grateful to Ksenia Matthews, as well as the editors and staff of the
Fordham Law Review for their assistance. Finally, thank you to my family and Thaddeus R.
Kleckley for their unwavering encouragement and support.

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