Pazdur already has gone beyond Congressional rules and requires a confirmatory trial be "substantially under way" before he will allow OOD/ODAC to consider accelerated approval.
For randomized trials, this usually now takes place in a very large single trial with a surrogate interim and OS as the final endpoint. Interestingly, this has resulted in two drug approvals where the 2-in-1 trials never generated prospective survival data (Nexavar and Sutent) because the trials were halted and drug was offered to placebo patients before the survival readout could be made.
For single-arm trials, the requirement is the confirmatory needs to be "substantially" under way. If a company decide to take him to court on this one, he'd lose. But I doubt any of them will.
This means in some way's ODAC was just blustering. More of his grandstanding.
Unless otherwise indicated, this is the personal viewpoint of David
Miller and not necessarily that of Biotech Stock Research, LLC.
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