Category Archives: Ethics

Spinal Fusion Surgery — Big benefit to doctors, limited benefit to patients

Bloomberg has an interesting article on the limited medical benefit of spinal fusion to patients–but big financial benefits to doctors, medical practices and suppliers (Medtronic). The article documents at least the appearance of, if not actual, conflicts of interest; high costs $135,000 for the surgery (yes on one patient); $800,000/year incomes for the orthopedists–three times that of pediatricians.

The possibility that many of these and other surgeries are needless has gotten little attention in the debate over U.S. health care costs, which rose 6 percent last year to $2.47 trillion. Unnecessary surgeries cost at least $150 billion a year, according to John Birkmeyer, director of the Center for Healthcare Outcomes & Policy at the University of Michigan.

“It’s amazing how much evidence there is that fusions don’t work, yet surgeons do them anyway,” said Sohail Mirza, a spine surgeon who chairs the Department of Orthopaedics at Dartmouth Medical School in Hanover, New Hampshire. “The only one who isn’t benefitting from the equation is the patient.”

There’s lots to this article including evidence that fusion is no better than physical therapy for disc related pain in several studies–only a 47% success rate for surgery in one U.S. study;  high complication rates for surgery;  direct payments from the medical supplier (Medtronic) in the form of royalties and consulting fees to doctors (as high as $440,000/year to an individual doctor and 1.75 million to a practice in Minneapolis).

Medicynical note: Not a pretty picture of American medicine. Costly, open conflicts of interest, use of aggressive expensive unproven procedures over more conservative approaches–with the same or worse outcomes.  Is it any wonder that our costs are one and half to two times that of other industrialized countries.

The “free market” encourages entrepreneurs to find ways to take advantage of markets, sometimes that leads to better outcomes and more efficiency but in medicine it seems to encourage waste, high cost and over-utilization.

Hospital Saves Mother, Loses Catholic Hospital Status

When churches do religion they apparently do it well. When they choose to practice medicine they bungle, despite their “infallibility.”

In this situation the hospital, after doing an appropriate ethical review, saved the life of a woman having life threatening complications from a pregnancy– hypertension, probably eclampsia.

The church’s reaction to this life saving act:

The Roman Catholic Diocese of Phoenix stripped a major hospital of its affiliation with the church Tuesday because of a surgery that ended a woman’s pregnancy to save her life.  

The woman is in her 20s had a history of abnormally high blood pressure when she learned of her pregnancy. After she was admitted to the hospital with worsening symptoms, doctors determined her risk of death was nearly 100 percent.

Medicynical note: If a loved one were pregnant, I would not advise using a hospital blindly adhering to the catholic church’s wishes. Medieval notions in the modern era unfortunately lead to remarkable distortions which in this case threatened life.

Urologist Owned Radiation Facility (IMRT) = Expensive Conflict of Interest

WSJ notes the overuse of IMRT (intensity modulated ratiation therapy) at great cost to patients, medicare, other insurers and our health care non-system.

In recent years a number of urology groups have puchased and own radiation centers. The result is costly self referrals and obvious conflicts of interest. Here’s how it works.

urologists buy radiation equipment and hire radiation oncologists to administer it. They then refer their patients to their in-house staff for treatment. The bulk of Medicare’s reimbursements goes to the urologists as owners of the equipment.

The problem is not patient outcomes or fewer complications but rather overuse of an effective form of treatment to the financial benefit of the providers.

Asked during the interview what proportion of its prostate-cancer patients Integrated Medical treats with IMRT, Dr. Kapoor said he didn’t track such data closely, but said he would be “comfortable” with an estimate of “one out of six,” or 17%.

An analysis of Integrated Medical’s Medicare claims later performed for the Journal suggested a much higher rate. Between its launch in mid-2006 and the end of 2008, Integrated Medical administered IMRT to 601, or 53%, of 1,132 Medicare patients recently diagnosed with prostate cancer, the Journal analysis found.

Integrated Medical received $26.7 million from Medicare for the care of those 601 patients, according to the Journal’s calculations. If Integrated Medical’s urologists hadn’t owned radiation equipment and had referred these patients for radiation treatment outside of their practice, Medicare would have paid them only $2.6 million. Medicynical note: The data on treatment of patients over 80 discussed in the WSJ article is particularly damning.

The sales pitch to urologists considering buying such a radiation facility predicts an income of $425,000/doctor from incorporating such a unit in his/her practice.

Medicynical Note: This behavior falls into a loop hole of the Stark provisions against self referral. Read the article for a more complete explanation. The doctor’s position that their treatment decisions are based solely on patient benefit would be more defensible if they did not participate in the entire revenue stream and if the radiation modality did not appear to be overused.

What’s depressing is that there seems no incentive to provide care at a more reasonable price (value).   Rather than take a cut in the  generous $425,000/year doctor profit  (this in addition to his/her other fees) these providers stick it  to our failing health care non-system.

With everyone at every level  concerned with  maximizing profit, is it any wonder that we spend 17% of GDP on health?  That our health care insurance system is failing? and that we can no longer afford it!

This is going on during a disastrous financial downturn.  But then again considering the behavior of our financial sector, maybe it’s a natural consequence of a medical establishment whose primary goal seems to be monetary rather than medical.


Our Health Care System: Inefficiency, is that a problem?

The Washington Times presents a tortured argument against promoting more efficient care in the most expensive health care non-system in the world.

Think of it, a centralized, federal database tracking your every visit to a health care provider – where you went, who you saw, what was diagnosed and what care was provided. Chilling.  Medicynical note: as if private insurers oversight that  controls and limits treatment given is less intrusive, or as if the data will have patient identifiers.

The Times takes issue with the notion of efficiency in health care.  To them, apparently,   spending 50% more per capita on health care than any other nation in the world and 17% of GDP, and increasing yearly, is acceptable:

There is no telling what metrics will be used to define the efficiencies, but it is clear who will bear the brunt of these decisions. Those suffering the infirmities of age, surely, and also the physically and mentally disabled, whose health costs are great and whose ability to work productively in the future are low. And how will premature babies fare under the utilitarian gaze of Washington’s health efficiency experts? Will our severely wounded warriors be forced to forgo treatments and therapies based on their inability to be as productive as they once might have been? And will the love between a parent and child have a column on the health bureaucrats’ spreadsheets?

The Times then goes on to compare cost efficacy measures with the nazis.

Medicynical note: Nothing surprising here. Until we show some will to control  costs our non-system caring for an aging increasingly health care needy population will continue to spend our nation’s wealth.

Our republican friends have been amazingly quiet about their solutions. Their “free market” rhetoric leads one to assume they would put an increasingly large burden of expense on individuals–their form of individual mandate. They would then let the costs of health care assure economic rationing. For those who can’t afford care, I suppose their solution for patients is that of 18th century France and will let them eat cake.

Starbucks — More spent on health care than coffee

It’s remarkable how shortsighted American businesses are. Their Chamber of Commerce is on record as opposing health reform.  Given the cost of providing employees health insurance one would think they would be supportive of  reform efforts, particularly if they removed health insurance as an employee benefit, as is the case in most industrialized countries.

Consider the bankruptcies of GM and Chrysler due in part to health insurance costs; consider also Starbucks which provides health care for employees, “a line item that tallies $300 million. That’s more than the company spends on coffee.”

Medicynical note: In other countries businesses don’t have to factor the health coverage burden into their planning, or costs. It’s another of those incomprehensible inefficiencies that is uniquely American.

More Conflicts of Interest–Zimmer Holdings and Dr. Berger

After receiving 8 million dollars from Zimmer Holdings an orthopedic implant maker guess whose devices Dr. Berger recommended–until they began to fall apart in patient’s bodies.

For years, Dr. Richard A. Berger designed surgical tools and artificial joints for Zimmer Holdings, trained hundreds of doctors to use its products and talked it up wherever he went. In return, Zimmer, an orthopedic implant maker, helped enrich Dr. Berger, portraying him as a master surgeon and paying him more than $8 million over a decade.

Amid the booming use of artificial joints in the United States, the breakup between Dr. Berger and Zimmer highlights what experts say is a troubling situation for patients and doctors: when disputes arise about orthopedic implant safety, there are no independent referees or sources of information because no one tracks the performance of the devices.

Medicynical Note: This is not just the appearance of a conflict of interest. Patients are a nuisance to these guys, simply a means to huge earnings. Quality of care? Value? Ethics? Guess who pays?


Doctors on the Take: Conflicts of interest in Hip Replacement Surgery

Conflicts of interest affect outcomes as noted in this article on “new hips.”

Wright paid tens of thousands of dollars to a foundation Keggi helps run and gave him a trip to a conference in the Bahamas. Keggi recommended the ceramic device over the kinds of implants used in 97 percent of cases.

The ceramic joint made by Wright Medical Group Inc. shattered, leading to an infection and four more surgeries that left Hirschbeck permanently sidelined.

And costs:

The companies increased doctor compensation for 2008 to about $300 million, according to the data compiled by Bloomberg from reports posted on the device makers’ websites. Fees for 2008 were delivered in 2009, the surgeons say.

More on costs:

The financial ties between device makers and surgeons help explain why health-care costs in the U.S. rose at 2.5 times the rate of inflation in the past 10 years and account for a sixth of the economy. The $300 million works out to $300 for each of the 1 million hips and knees implanted in Americans in 2008.

In the U.S. in 2010, the average price of a primary artificial hip was $7,200, more than four times the $1,600 in Germany, says Melissa Hussey, a senior analyst on the orthopedic team at Millennium Research Group, based in Toronto. In Germany and other countries, she says, sales representatives have restricted access to surgeons.

Medicynical Note: So much for the “free market” system. Without regulation and limits companies will work endlessly to manipulate markets to their financial benefit. Are we fools or what?


What’s the real cost of Progress when a drug costs $100,000/year drug

It’s in vogue in medicine to market drugs offering slight benefit to desperately ill patients at cost of between $50,000 and $100,000/year.

What’s the real cost of these “advances.”

In a hypothetical (but typical) situation lets say the drug is used in 100 patients and compared with another group of 100 patients receiving placebo (or standard therapy).

As one would hope the group of patients receiving the study drug appears to have some response. In the distant past a response was defined as a decrease in tumor bulk of 50%. In recent years that definition has been broadened, some would say undermined, to mean that there was no evidence of tumor progression during treatment. Since we are in “modern” times lets use the definition of response being no progression.

We do our study and find in the group of patients receiving placebo (or standard therapy) 25% showed no progression. While in the study group receiving the new drug of 100 patients 40% showed no progression.

Drug companies take such data as evidence of the drug’s efficacy and try to get FDA approval. Note there is no evidence at this point of extension of life.

The real cost of this advance is interesting to contemplate. Consider treating 100 patients with a $100,000 drug–that’s 10 million dollars. Consider that just 40% get a “benefit” with the drug and 25% had the same “benefit” with placebo (or standard therapy)–and a marginal “benefit” at that. That means that 6 million dollars was spent on patient who got no “benefit” at all from the drug (the 60 of 100 patients without “benefit”). 2.5 million dollars on the 25 patients who would have shown no progression with placebo (or standard therapy). The incremental “benefit” of the drug over placebo or conventional therapy was therefore a total of 15 patients.

That means in our hypothetical but somewhat typical new drug situation 85 out of 100 patients will be treated with the $100,000/year drug and get nothing from it. 15 patients get a limited improvements. The cost/patient that improved is $100,000 X 100 patients treated/15 patients who get the improvement=$666,666 expended for each patient who improved. It should be noted that this is a cost per year figure for a single drug.

How much is a reasonable amount for the system to spend for an improvement. It’s been thought in the literature that between $50,000 and $150,000 per year of life gained was an affordable sum. It’s never been clear to me where these numbers came from but in the cost efficacy literature they seem to be the most used figures.

In our hypothetical situation our outcome was no progression of disease during the treatment period. But for the sake of our discussion lets say the study continues and the study patients (the 15% with benefit) lived a median of 2,3,4,5, or 6 months longer. For what it’s worth except for the very rare super effective new agent (Gleevec for example) most new biological agent’s improvement of survival is in the 2-6 month range.

If the median improvement is 2 months then the cost of a 12 month survival would be 6 X $666,666 (the cost/patient who benefitted) or about $4,000,000 to buy a total of a year’s survival time for patients who benefit from the treatment.

If the improvement is 6 months then the cost of 12 months survival would be 2 X $666,666 or in the range of 1.33 million dollars.

Neither would be considered cost effective by any of our current measures.

Medicynical Note: You won’t find the drug companies funding cost efficacy studies nor touting their results as cost efficient. Instead our hypothetical study would be touted as showing a 60% improvement in response rates between placebo and study group. (40% response rate with drug/25% with placebo or conventional Rx X 100=160%) It won’t be easy to find out that the difference between a “response” to placebo and the study drug was 15% (40% vs 25%) or that the benefit was just 2-6 months, if that. That the American way of drug marketing.

In case you think the above is exaggerated consider these from real life NEJM 355:2542-2550

The median survival was 12.3 months in the group assigned to chemotherapy plus bevacizumab, as compared with 10.3 months in the chemotherapy-alone group (hazard ratio for death, 0.79; P=0.003). The median progression-free survival in the two groups was 6.2 and 4.5 months, respectively (hazard ratio for disease progression, 0.66; P<0.001), with corresponding response rates of 35% and 15% (P<0.001). Rates of clinically significant bleeding were 4.4% and 0.7%, respectively (P<0.001). There were 15 treatment-related deaths in the chemotherapy-plus-bevacizumab group, including 5 from pulmonary hemorrhage.

Or this from today’s (April 25, 2010) Seattle Times:

Dendreon’s case rests largely on a study of more than 500 men with an advanced form of prostate cancer that spread to other parts of their bodies. Of the men who got Provenge, nearly a third were still alive in three years, compared with less than a quarter of those who got placebos. (medicynical emphasis) The vaccine boosted median survival time by 4 months, from 22 months in the placebo group to 26 months in the Provenge group.

How much difference is there between nearly a third and less than a quarter? I wonder who provided this verbiage? I figure an 8% benefit. Affordable?


Lasik Surgery–Oversold or Simply the Risk of the Procedure

Elective surgery, particularly when it has a cosmetic or convenience rationale, should be completely safe and effective.

It now appears that LASIK (laser assisted in situ keratomileusis) has problems and the industry is being criticized for not be fully honest about risks. This in Salon notes:

Last spring, the FDA inspected about 50 Lasik facilities and found that many had no system in place for collecting and transmitting data to the FDA on patients’ reports of post-surgical “adverse events.”

And in August, Consumer Reports Health released the results of a survey, which found that 55 percent of Americans who’ve had laser vision correction surgeries are still wearing glasses or contacts some of the time. Fifty-three percent experienced at least one side effect within the first four weeks of the surgery; 22 percent of patients experienced them six months after surgery, especially dry eyes, halos, glare and starbursts around lights.

Lasik surgery, which can cost up to $5,000, has a 95.4 percent patient satisfaction rate, based on an analysis of research worldwide from 1996 to 2008,

Medicynical note; There are two problems here. The first is the push for revenue by LASIK providers. The more they do, the more they make. With such incentives providers tend to minimize risk and extend their indications for the procedure. The second is the patient wanting (for some reason desperately wanting) surgery assuming they have no to minimal risk or that the other person is more likely to get the complications.

This powerful drive for medical services and the tendency to ignor risk (and cost) is part of our system wide problem.


Prevacid Off Patent–Don’t look for bargains from Novartis

Subverting the patent system is big PhARMA’s area of excellence. Watch for new OTC Prevacid (lansoprazole). Novartis, the company with the patented version, will be releasing an OTC (so called “generic”) version shortly. They will be touting their drug in a $200,000,000 yes 200 million dollar ad campaign. Care to guess who pays for the advertising?

Medicynical Note: Branded generics drugs cost more than true generics given the costs of advertising as noted above and the company’s high profit expectation. Novartis has already handsomely profited from a generation long government sanctioned monopoly on the drug. They now want more! Greed, remember, is good.

The challenge is to encourage consumers use of approved non brand name generics in the face of deceptive advertising and hype. It is America’s version of the shell game. Now you see it, your money, and now you don’t–if you fall for their hype)