Extraordinary Measures: Reforming China's Rare Disease Policy | Xiaohe Li et al. | 怪病也得有药医 | 2011


Extraordinary Measures


Reforming China’s Rare Disease Policy                                                                                        

 

Xiaohe Li, Fei Gao


Published in Chinese 11/21/2010 on Southern Weekly—“China's most influential liberal newspaper” (comment by New York Times).

Read the Chinese version "怪病也得有药医" http://www.infzm.com/content/52539
Translated to English by Xiaohe Li
 

Since rare diseases affect only a small population, seeking a cure is risky and profitably unappealing to most pharmaceutical companies. Drugs for such rare diseases are so dubbed “orphan drugs”. Despite this, rare disease patients in the Western world still benefit greatly from the support coming from society. The most urgent need for rare disease care in China is a state law for protection and regulation.
The Crowley family. Left: Megan, Aileen, John, John Jr, Patrick. Image: www.crowleyfamily5.com

  

The Power of Fatherly Love


When the devastating Pompe disease stroke Megan and Patrick, rendering the siblings hard to move and even breathe, they were at the ages of five and four, respectively. Looking at their kids now bound to the wheelchair and ventilator, Aileen and John Crowley were appalled and in disbelief.  This was because they had learned, at that time, there was no cure for this disease.
But a father will never give up on his children. As told in the film based on the real life of the Crowleys, “Extraordinary Measures,” John became an advocate for Pompe disease, teaching himself both the science and business of biotech industry, and eventually convincing Genzyme—the third largest pharmaceutical company at the time—to invest in the orphan drug development for Pompe. His efforts paid off: a trial drug, later commercially approved as Myozyme, ameliorated the siblings’ symptoms and saved their lives!

Pompe disease, also known as glycogen storage disease type II, occurs in less than 1 out of 40,000 people. The disease results from genetic defects that lead to a lack of glucosidase—the enzyme needed for breaking down glycogen into glucose. Patients suffer from muscle weakness as well as cardiac and respiratory complications, with very little chance to live past 1 to 2 years of age.
According the World Health Organization, a large number of the five thousand rare diseases are genetic disorders, which means the patients may be continuously affected by the disease throughout their lives and have the chance to pass on the defects to their offspring.

However, there are fundamental disagreements in the definition of rare disease across countries. The U.S. recognizes diseases affecting less than 200,000—about 1 in every 1,500 people—as rare diseases. However, the qualifying number of patients in Japan is under 50,000, while it is only 2,000 in Australia. The European Union and Taiwan have more stringent standards than the U.S.: affecting 1 in 2,000 or 1 in 10,000 people, respectively. There is no rare disease law in China so far. Yet, according to the definition issued by World Health Organization, China is estimated to have 10 million patients of each type of rare disease—a shockingly large number.

Due to the small and specific market niche, pharmaceutical companies have been less enthusiastic to invest in the orphan drug development. Until recently, only a few diseases—including Pompe disease—have available orphan drugs. Even so, most of these drugs are not a complete cure: patients usually depend on lifelong treatment to stabilize their disease. On the other hand, the most promising treatment—gene therapy and stem cell therapy—are still far away from clinical application.
 

Contrasting Corporate Cultures


Fortunately, society and the media in China have been gradually paying more attention to several rare diseases. Notable cases are thalassemia, brittle bone disease (osteogenesis imperfecta), and phenylketonuria.
A much more heated discussion about another type of metabolic enzyme deficiency like Pompe disease—Gaucher disease—swept the Chinese cyberspace.  An article about a U.S. pharmaceutical company maintaining the production line of an old drug for twenty years only for two Chinese Gaucher disease patients (who are allergic to the new drug) has been circulated around many popular online forums. The story has not only won applause for this Good Samaritan company, but also raised skepticism about its authenticity and even speculation on the unuttered motivation of the company.

The company in the story is Genzyme, the very same company that developed the Pompe drug for Megan and Patrick Crowley. From Genzyme and the National Gaucher Foundation (a U.S. charitable organization dedicated to this disease) we confirmed the existence of the two allergic patients except that they are not in China. These two patients are allergic to the newer version of the life-saving drug (Cerezyme), which is now more easily produced using cell culture, but not to the older version which is purified from human placenta (Ceredase). Although it is no more profitable, the production line for Ceredase has nevertheless been kept running by Genzyme to this day.
This discussion reflected the interesting difference in the corporate cultures between pharmaceutical companies in China and the Western world: following a more established tradition of giving back to society, the Western companies take up their social responsibility, while their Chinese counterparts somehow failed to realize that the pharmaceutical industry is more of a moral business. The Chinese society is also less familiar with this type of corporate moral responsibility, thus more suspicious about any nonprofit-driven corporate behaviors.

However, Genzyme has indeed been donating drugs to many Chinese Gaucher disease patients. To verify the story we interviewed Ms. Xiao Hu, the marketing manager for lysosomal storage diseases at the Genzyme Shanghai branch. According to Ms. Hu, though Cerezyme was not approved by the Chinese FDA until 2008, Genzyme already started donating it to Chinese patients in 1999. This charitable program started with the touching story of a loving Chinese mother. Desperate to save her son, Ran Ding, a young boy suffering from Gaucher disease, Ms. Ding wrote to the president of Genzyme for help. Genzyme then decided to donate Cerezyme, the only available treatment at the time, to Chinese patients. 134 patients have benefited from drugs worth over $100 million donated by Genzyme in the past 11 years. Ran Ding’s life was saved and now he is already a college student.
Genzyme has entrusted the Cerezyme donation program to the China Charity Federation. Based on the agreement between the two organizations, Genzyme will continue to donate $200 million worth of Cerezyme in the future.
 

Patient Support


According to the estimation by Nature Reviews Drug Discovery there are only 5,000–6,000 Gaucher disease patients in the world. This disease is caused by genetic defects in the enzyme which breaks down macromolecules. Patients with such conditions will have macromolecule buildup in cells, and eventually develop bone lesions in addition to liver and spleen enlargement. Intravenous injection of the enzyme about twice a week, also known as enzyme replacement therapy, is viewed as the gold standard of Gaucher disease treatment.
The cost of such treatment varies from patient to patient, but usually falls between $100,000 and $400,000 annually. This is beyond the capacity of the average Chinese family. However, due to the lack of rare disease law, Cerezyme has never been covered by the state health insurance. Most of Chinese Gaucher disease patients depend on the donation from Genzyme. This situation has again called for such a law to address the urgent needs of the patients.

By stark contrast, in the developed world, rare disease patients are specially protected by the system.
In the U.S., most patients are treated with the support from various sources—governmental funds (social security, health insurance subsidies, veteran benefits, etc.), private insurances, and charities.  The reason that expensive orphan drugs like Cerezyme are covered by insurance is usually twofold: first, there is no alternative treatment, and second, the small number of patients will not have a huge impact on the overall cost of health insurance.

In Australia, treatment for Pompe and Gaucher diseases are among the six orphan drugs that are covered by the special care system. The Japanese government established a subsidy for patients, with a more favorable amount for people with lower income. The Brazilian federal government started to fully cover drugs for Gaucher and Fabry diseases in 2003. In Italy, three funds were established in 2007 for rare diseases under the Health Ministry. Taiwan also passed laws to provide full coverage for rare disease drugs and nutrition supplements.
 

The Impact of the Orphan Drug Act


Besides legal protection, the more favored status of orphan drugs has been another factor benefiting rare disease patients.
According to our interview with Mr. Yanjun Zhang, a researcher in pharmacy administration at the University of Cincinnati College of Pharmacy, the U.S. Orphan Drug Act of 1983 (the first orphan drug law in the world) established many favorable policies leaning towards the orphan drug development. First, pharmaceutical companies of orphan drugs will get tax credits for 50% of the clinical trial expenses, a waiver for the New Drug Application fee ($1 million per case in 2008), and research funding from the government ranging from $250,000 to $300,000 per year. Second, the company who won the FDA marketing approval of a new orphan drug will enjoy seven years of exclusivity, during which FDA will not approve another company’s drug for the same indication. This incentive secures the profit of orphan drugs and thus greatly stimulates the interest of many companies to invest in orphan drug discovery.

Following the U.S. many countries have established similar favoring laws for orphan drugs. In Japan, orphan drugs are favored for grant funding, tax credits, priority review, and longer re-evaluation periods. The Australian government also waived the new drug application fee and the annual registry fee. The European Union extended the marketing exclusivity of orphan drugs to ten years.
These moves dramatically advanced the orphan drug development in the U.S. and the rest of the world: between the signing of the Orphan Drug Act and October 2010, FDA designated 2,233 orphan drug candidates, among which 352 won the final approval, while in the decade before the Orphan Drug Act only 10 were approved. What is the most exciting is that these drugs save thousands of lives.

The small patient population limits the market niche of most orphan drugs. The complicated etiology of rare diseases further prolongs the developmental cycle, raises the expense, and complicates the clinical trials. Even if it did succeed, the profitability of an orphan drug will be unpredictable. That is what deters small companies away from orphan drug development and would even give industrial giants like Genzyme cold feet if there were no protective policies.
Orphan drugs, however, are not free of criticism. The protective polices have led to the high price of orphan drugs. The lifelong dependence on the drugs further contributes to the profit of this industry. Cerezyme, despite its small market, earned Genzyme $1.2 billion in 2008, capturing the title as one of the most expensive drugs. In fact, the discussion about the business ethics of orphan drug pricing has led to some legislative measures to cap the price and the profit.
 

The Problems Facing China


Based on his evaluation of the Chinese biotech industry, Dr. Min Wang, Dean of School of Life Sciences at China Pharmaceutical University, told us that China has no capacity for orphan drug development because of its “high-expense, high-risk” nature. Nevertheless, for imported drugs, the Chinese FDA has given priority to orphan drug review since 2009. So, the best solution is to expedite the registration of foreign orphan drugs in China in order to save more patients.
Importing more orphan drugs into China is indeed a needed and practical solution. But the most urgent problem is beyond the medication itself: China needs a state law to define and defeat rare diseases. As a mother of a Taiwanese rare disease patient put it, the parents may not be able to take care of their ill children through their whole lives, but the system should be and will be.

The care from society is also important. In the developed world, a complete spectrum of charities has long been established and exerted their positive influence on the making of rare disease policies. They are also very helpful in raising support for and defending the rights of patients.
The good news is that a network of rare disease charities, physicians, media, volunteers, and patients and their families are blooming right now in China.  The China Charity Federation has set up voluntary programs for rare diseases and also an emergency fund last year. Last July, the China-Dolls Center for Rare Disorders—an organization for the brittle bone disease—aired a rare disease special on CCTV—China’s predominant state TV broadcaster. All these progresses—the fruit of the efforts from many groups—have signaled a promising future of the Chinese rare disease care.

 

The authors are college students at Nanjing University and members of College Natural Sciences magazine.