Drbio45, >>> What I was saying was that the fda should not have accepted the nda filing at all. <<<
In Cortex's case, the FDA was correct in accepting the NDA for Phase 1 and the Phase 2a studies, since the shorter term animal tox data supporting those trials was clean.
The tox problem only occured in a longer term 3 month dosing animal tox study, which was submitted to support Cortex's proposed Phase 2b. That was the stage where the FDA appropriately red-flagged Cortex's drug.