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Affymax, Inc. Message Board

  • godwinpeak godwinpeak Feb 14, 2013 1:36 PM Flag

    A (retired) Health Care Lawyer's Perspective

    I am a retired health care legal practitioner with over 30 years experience. The Fresenius notice, IMHO, is significant enough for investors to ponder its ramifications. Stopping the rollout is a relatively drastic measure apparently undertaken because of "serious" adverse allergic reactions on a first dose. If Fresenius has knowledge of these serious adverse reactions and continues with the rollout unchecked, it may be liable in plaintiff patient litigation where other treatments without serious first time adverse reactions are available. Accordingly, it had little choice but to stop the rollout from a legal basis, especially where a statistically significant data base has already been established. Insofar as allowing physicians who have already prescribed the medication to continue doing so, to forbid those physicians from further prescriptions would be evidence that the physicians may have been negligent in prior presciptions and it would be the wise physician who later voluntarily decides on his own to stop new prescriptions. Likewise, allowing patients who tolerate the drug well to remain in treatment is not negligent since the first dose serious allergic reaction did not happen for those patients. All I can say is that the Fresenius notice is one that I would have approved had I been Fresenius' legal counsel for the reasons explained.

    Sentiment: Sell

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    • the following sentence indicates to me that the the "events" are not life threatening and treatable. if there is evidence to the contrary this sentence would surely fresnius in jeopardy." As many of you have become quite comfortable with the medication, physicians and facilities that have been using OMONTYS┬« who wish to continue prescribing it for new patients may choose to do so."
      Prescribing OK to new patients indicates the treatment is no worse than alternatives. i say its a buy.

      Sentiment: Buy

    • Define "retired".
      You should do some gardening rather than posting.

    • If there were that serious of any issues they never would have increased their goal from 10,000 patients to 18,000.

    • Sounds like Amgen has gotten to a few fellows to do a little "Disinformation"...I know of one clinic readying to switch over to Omentys. Seminars already set for training for new drug. My position is that this pause is temporary, and fresenius will go forward with full fledge use of the drug. Hold or buy more at this price.

      Sentiment: Hold

      • 1 Reply to lucky.ecv13
      • I am a private trader now that I am retired. I have nothing to do with Amgen or any other company. I am not a paid basher. I did short AFFY after it rebounded however and I believe that the risk of the Fresenius decision to discontinue the rollout cause smart money to sell and wait and see. There is a lot of risk to the downside IMHO. If posting my reasoning is an agenda, then the readers can make that call.

        Sentiment: Sell

    • as a retired pharmacist, I call you an idiot with an agenda! If there was serious issues, they would disallow any further prescribing, duh! and they did not take that action. People like you make me sick! How is that for a side effect??? You can take your legal opinion and shove it where the sun don't shine!!!

      Sentiment: Strong Buy

      • 1 Reply to michael_d_angelo
      • FYI I went to an Ivy League law school and not many pharmacists have the same or more intelligence that an Ivy League lawyer. Your writing style is the best evidence to prove my point in your case. Moreover, as a pharmacist you are not qualified to make a legal opinion. For Fresenius to forbid already prescribing physicians to administer Omontys would be an unlawful interference with the physician patient relationship. As a pharmacist, you just follow the scrip. Rationale analysis, reasoning and decision making is unfortunately not your forte'. Sorry if you are losing money, but you should really think about your investment.

        Sentiment: Sell

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