Uncle Sam paid to develop a cancer drug and now one guy will get to charge whatever he wants for it
Today (Oct 19), I'm in Charleston, WV to give the 41st annual McCreight Lecture in the Humanities. Tomorrow (Oct 20), I'm at Charleston's Taylor Books from 12h-14h.
The argument for pharma patents: making new medicines is expensive, and medicines are how we save ourselves from cancer and other diseases. Therefore, we will award government-backed monopolies – patents – to pharma companies so they will have an incentive to invest their shareholders' capital in research.
There's plenty wrong with this argument. For one thing, pharma companies use their monopoly winnings to sell drugs, not invent drugs. For every dollar pharma spends on research, it spends three dollars on marketing:
https://www.bu.edu/sph/files/2015/05/Pharmaceutical-Marketing-and-Research-Spending-APHA-21-Oct-01.pdf
And that "R&D" isn't what you're thinking of, either. Most R&D spending goes to "evergreening" – coming up with minor variations on existing drugs in a bid to extend those patents for years or decades:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3680578/
Evergreening got a lot of attention recently when John Green rained down righteous fire upon Johnson & Johnson for their sneaky tricks to prevent poor people from accessing affordable TB meds, prompting this excellent explainer from the Arm and A Leg Podcast:
https://armandalegshow.com/episode/john-green-part-1/
Another thing those monopoly profits are useful for: "pay for delay," where pharma companies bribe generic manufacturers not to make cheap versions of drugs whose patents have expired. Sure, it's illegal, but that doesn't stop 'em:
https://www.ftc.gov/news-events/topics/competition-enforcement/pay-delay
But it's their money, right? If they want to spend it on bribes or evergreening or marketing, at least some of that money is going into drugs that'll keep you and the people you love from enduring unimaginable pain or dying slowly and hard. Surely that warrants a patent.
Let's say it does. But what about when a pharma company gets a patent on a life-saving drug that the public paid to develop, test and refine? Publicly funded work is presumptively in the public domain, from NASA R&D to the photos that park rangers shoot of our national parks. The public pays to produce this work, so it should belong to the public, right?
That was the deal – until Congress passed the Bayh-Dole Act in 1980. Under Bayh-Dole, government-funded inventions are given away – to for-profit corporations, who get to charge us whatever they want to access the things we paid to make. The basis for this is a racist hoax called "The Tragedy Of the Commons," written by the eugenicist white supremacist Garrett Hardin and published by Science in 1968:
https://memex.craphound.com/2019/10/01/the-tragedy-of-the-commons-how-ecofascism-was-smuggled-into-mainstream-thought/
Hardin invented an imaginary history in which "commons" – things owned and shared by a community – are inevitably overrun by selfish assholes, a fact that prompts nice people to also overrun these commons, so as to get some value out of them before they are gobbled up by people who read Garrett Hardin essays.
Hardin asserted this as a historical fact, but he cited no instances in which it happened. But when the Nobel-winning Elinor Ostrom actually went and looked at how commons are managed, she found that they are robust and stable over long time periods, and are a supremely efficient way of managing resources:
https://pluralistic.net/2023/05/04/analytical-democratic-theory/#epistocratic-delusions
The reason Hardin invented an imaginary history of tragic commons was to justify enclosure: moving things that the public owned and used freely into private ownership. Or, to put it more bluntly, Hardin invented a pseudoscientific justification for giving away parks, roads and schools to rich people and letting them charge us to use them.
To arrive at this fantasy, Hardin deployed one of the most important analytical tools of modern economics: introspection. As Ely Devons put it: "If economists wished to study the horse, they wouldn’t go and look at horses. They’d sit in their studies and say to themselves, ‘What would I do if I were a horse?’"
https://pluralistic.net/2022/10/27/economism/#what-would-i-do-if-i-were-a-horse
Hardin's hoax swept from the fringes to the center and became received wisdom – so much so that by 1980, Senators Birch Bayh and Bob Dole were able to pass a law that gave away publicly funded medicine to private firms, because otherwise these inventions would be "overgrazed" by greedy people, denying the public access to livesaving drugs.
On September 21, the NIH quietly published an announcement of one of these pharmaceutical transfers, buried in a list of 31 patent assignments in the Federal Register:
https://public-inspection.federalregister.gov/2023-20487.pdf
The transfer in question is a patent for using T-cell receptors (TCRs) to treat solid tumors from HPV, one of the only patents for treating solid tumors with TCRs. The beneficiary of this transfer is Scarlet TCR, a Delaware company with no website or SEC filings and ownership shrouded in mystery:
https://www.bizapedia.com/de/scarlet-tcr-inc.html
One person who pays attention to this sort of thing is James Love, co-founder of Knowledge Ecology International, a nonprofit that has worked for decades for access to medicines. Love sleuthed out at least one person behind Scarlet TCR: Christian Hinrichs, a researcher at Rutgers who used to work at the NIH's National Cancer Institute:
https://www.nih.gov/research-training/lasker-clinical-research-scholars/tenured-former-scholars
Love presumes Hinrichs is the owner of Scarlet TCR, but neither the NIH nor Scarlet TCR nor Hinrichs will confirm it. Hinrichs was one of the publicly-funded researchers who worked on the new TCR therapy, for which he received a salary.
This new drug was paid for out of the public purse. The basic R&D – salaries for Hinrichs and his collaborators, as well as funding for their facilities – came out of NIH grants. So did the funding for the initial Phase I trial, and the ongoing large Phase II trial.
As David Dayen writes in The American Prospect, the proposed patent transfer will make Hinrichs a very wealthy man (Love calls it "generational wealth"):
https://prospect.org/health/2023-10-18-nih-how-to-become-billionaire-program/
This wealth will come by charging us – the public – to access a drug that we paid to produce. The public took all the risks to develop this drug, and Hinrichs stands to become a billionaire by reaping the rewards – rewards that will come by extracting fortunes from terrified people who don't want to die from tumors that are eating them alive.
The transfer of this patent is indefensible. The government isn't even waiting until the Phase II trials are complete to hand over our commonly owned science.
But there's still time. The NIH is about to get a new director, Monica Bertagnolli – Hinrichs's former boss – who will need to go before the Senate Health, Education, Labor and Pensions Committee for confirmation. Love is hoping that the confirmation hearing will present an opportunity to question Bertagnolli about the transfer – specifically, why the drug isn't being nonexclusively licensed to lots of drug companies who will have to compete to sell the cheapest possible version.
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/10/19/solid-tumors/#t-cell-receptors
My next novel is The Lost Cause, a hopeful novel of the climate emergency. Amazon won't sell the audiobook, so I made my own and I'm pre-selling it on Kickstarter!
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AEW Wrestlers Pregnancy Headcannons
Requested by @moondust-imagines
Summary: AEW Wrestlers reactions to finding out you are pregnant
Main Masterlist Part 1 Part 3 Part 4
Wrestlers mentioned: 'Hangman' Adam Page, Christian Cage, Chuck Taylor and Swerve Strickland
"Hangman" Adam Page
Adam cried when you told him you were pregnant.
You were scared by his reaction, the only time you saw him cry was after the whole brawl out
The diffrance was this time they were happy tears
He coudn't wait to be a father, he promised he would do everything he could to protect you and your baby
Adam did EVERYTHING for you, he wound't let you lift a finger during your pregnancy
It was adorable but also anoying at times, you were capable of walking 10 feet to grab a glass of water
Adam would run to the store in the middle of the night without a second thought for whatever you were craving
He was ment to be a father, he was everything you ever wanted in a partner
Christian Cage
I wrote a four part fic about Christian Cage that you can find HERE, in the second part the reader finds out she is pregnant. I decided to include the scene instead of making headcanons
I went out to pick up a few groceries and once I returned I found Y/n sitting on the floor of the master bathroom with tear-stained cheeks. I sat next to her and asked “What’s wrong?” nothing “If something happened the other day at work you can tell me you know” I waited, I knew she wanted to say something but was having trouble getting the words out. “You’re going to be mad at me” Her words were so quiet it was barely a whisper. “Why would I be mad at you honey?” What would I be mad at? “Don’t yell, I’m sorry. I don’t know how this happened” Y/n had tears in her eyes as she spoke. “I won’t yell, I promise but I need to know what happened so I can help you,” I told her carefully Just then she got up and handed me four items from the sink before returning to her spot on the floor. She was now fully crying and turned her back to me. It took me a minute to realize what I was holding in my hands. Four pregnancy tests, all different kinds but all were positive. “Are these real?” She turned to face me, mascara now ruined. “Are you mad at me?” I wasn’t mad but I was shocked, but I was also happy. “No sweetheart, I would never be mad at you. Especially over something like this” I gave her a hug to which she returned, burying her head in my chest as she continued to cry. I knew what this would mean, Y/n being pregnant would change everything. Although this was a shock I was so happy. We had never talked about having kids, Y/n was still in her prime and I was nearly 50. “What are we going to do?” I wanted Y/n to know that I would support her for whatever she decided. I mean she is making history with her current title reign and at the end of the day this is her body we are talking about. “This is your decision Y/n. I want you to know that I am happy about this but I understand if you don’t want to go through with this.” She looked at me with a sad smile. “Would I be crazy if I said I want to keep it? I still don’t understand how it happened in the first place but the more I think about it, I want to go on this journey with you Christian” I placed a kiss on her temple before saying “Don’t worry, I am going to be here with you for every second of it. We will do this together”
Chuck Taylor
Looking down at the positive test in your hands you coudn't stop the happy tears that fell from your face
You coudn't wait to tell Chucky the news
When you told him you were pregant he was so happy
During your pregnancy he would constanly kiss your stomach and talk to your unborn child
Chuck Taylor is such a teddy bear, he would be the best dad
Once your baby was born the two of them instanly had a special bond, you swear your baby liked Chuck more than you
Chuck would build you the most perfect nussery and have the best friends come over to help baby proof the house
As much as he loved his friends he woudn't trust them alone with your baby
Swerve Strickland
When you told Swerve you were pregnant he was secretly terrfied
Not just because he would become a father but because of what he did to hangman
He would get nightmares of the cowboy breaking in and taking your baby, simiular to what he did to hangmans son
He was exited to be a dad but was scared of the responsibilities that came with being a father
He was scared that he would mess everything up, scared he would disipoint you
His thoughts kept him up at night and you assured him he would be a great dad
just like you predicted once your baby was born he was a great dad
Swerve promiced he would do anything and everything to keep the two of you safe
He would kill for you
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