Senator warns Emory of ‘penalties’

The Atlanta Journal-Constitution

Friday, December 19, 2008

In a stern letter to Emory University this week, Sen. Charles Grassley (R-Iowa) questions whether renowned psychiatrist Dr. Charles Nemeroff has honestly portrayed some of his activities funded by pharmaceutical companies.

Grassley warns school officials of the potential penalties for making false statements or obstructing a congressional examination.

Nemeroff, an internationally known expert on depression, has become a central figure in an investigation this year by the Senate Finance Committee into whether drug company money paid to physicians compromises medical research and scholarship. Grassley is the committee’s ranking minority member.

Grassley’s letter, obtained by The Atlanta Journal-Constitution, questions Emory’s position that some talks by Nemeroff funded by the pharmaceutical company GlaxoSmithKline were educational and did not involve promotion of Glaxo products.

According to Grassley, the pharmaceutical company, which makes the anti-depressant Paxil, described Nemeroff’s speeches as “product talks.”

University officials said in a statement released Thursday afternoon, “Emory University has been completely truthful and is well aware of our obligation to do so. We have devoted considerable time and effort to investigating this matter and are soon to announce our findings and response. We have an obligation to be fair and judicious in our resolution of this matter.”

In a 17-page letter to Grassley dated Dec. 5, Jane E. Jordan, Emory’s health counsel, acknowledged that Nemeroff “did not disclose substantial speaking fees from pharmaceutical companies to Emory” but added that “In Dr. Nemeroff’s view, substantive, non-product specific talks focused on general medical education” were not subject to disclosure requirements.

“Based on information provided to us by Dr. Nemeroff and interviews we have conducted,” Jordan wrote, “it appears that most [if not all], of the talks by Dr. Nemeroff focused on substantive medical educational topics such as depression and bipolar disorder and were not product specific or promotional.”

Nemeroff, she wrote, classified the talks as “‘CME-like’” and thereby exempt from disclosure,” referring to Continuing Medical Education.

Jordan’s letter prompted Grassley to fire back, “Neither anyone on my staff, nor any medical expert that they have contacted, have ever heard of the term ‘CME-like.’ It appears to be a new term created at Emory University.”

Pointing out the apparent contradiction between GlaxoSmithKline’s desciption of Nemeroff’s speeches as “product talks” and Nemeroff’s descriptions of his activities for the company as educational, Grassley continued, “Since I am seeking this information as part of a congressional inquiry, I want to ensure that Emory and/or Dr. Nemeroff are fully aware of the penalties for making false statements and/or obstructing congressional investigations.”

Grassley released documents this fall indicating that Nemeroff earned millions of dollars in fees from drug companies but reported little of that money to Emory. The omission may constitute a violation of federal and university reporting requirements.

Nemeroff has stepped aside as chairman of Emory’s psychiatry department. He also has stepped down from university projects funded by the National Institutes of Health.

The NIH has frozen funds for a $9.3 million project on depression led by Nemeroff, and has instituted tighter rules on approving grants for Emory.

In October, Emory established a new central office to oversee enforcement of conflict of interest policies.