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Biogen CEO says $56,000 yearly for Alzheimer’s drug is ‘honest,’ guarantees to not hike value for at the very least four years

Michel Vounatsos, CEO of Biogen, told CNBC Monday that the list price of $ 56,000 per year for the company’s FDA-approved Alzheimer’s drug aducanumab was “fair”.

However, the Massachusetts-based biotech has vowed not to increase the price of the drug, which it marketed under the Aduhelm name, for the next four years, Vounatsos said.

The price of the drug reflects “two decades without innovation” and will also allow Biogen to continue investing in its pipeline of drugs for other diseases, he said in an interview with CNBC’s “Power Lunch”. He added that the company works closely with the federal health insurance program Medicare, as well as with private insurers.

Biogen’s shares rose up to 60% on Monday after the Food and Drug Administration announced it approved the company’s drug for the disease. It’s the first drug approved by U.S. regulators to slow cognitive decline in people with Alzheimer’s, and the first new drug for the disease in nearly two decades.

Alzheimer’s disease is a progressive neurodegenerative disease that slowly destroys memory and thinking skills. The Alzheimer’s Association estimates that more than 6 million Americans live with it. According to the group, this number is expected to rise to almost 13 million by 2050.

The FDA’s decision was eagerly awaited. The drug is also expected to generate billions in revenue for the company offers new hope to friends and families of patients living with the disease.

Biogen said Monday that aducanumab’s list price is $ 56,000 a year, which was higher than the $ 10,000-25,000 price some analysts had expected. The expenses for the patient depend on their health insurance.

When asked if the company expects patient pressures on price to drop, Vounatsos found that the disease and other forms of dementia cost the US over $ 600 billion annually and patients $ 500,000 annually.

It is time to “invest” in treatment, he added.

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Health

F.D.A. Approves Alzheimer’s Drug Regardless of Fierce Debate Over Whether or not It Works

“As soon as the product is approved, the cat is out of the bag and the horse out of the stable,” said Dr. G. Caleb Alexander, FDA Advisory Committee member, internist, epidemiologist, and expert on drug safety and efficacy at the Johns Hopkins Bloomberg School of Public Health. “There is no way to regain the ability to understand if the product really works after approval.”

Companies can conduct post-market studies with participants from other countries, but may face similar challenges in recruiting participants if those countries approve the drug before the studies are completed. the drug has not yet been approved outside of the United States, but Biogen has requested regulatory reviews in the European Union, Japan, Brazil, and elsewhere.

Aduhelm is a monoclonal antibody that targets a protein, amyloid, that clumps together in plaques in the brains of Alzheimer’s patients and is believed to be a biomarker of the disease. Critics and supporters of the approval agree: the drug significantly lowers amyloid levels. The FDA said the drug’s effect on a biomarker qualifies it for the accelerated approval program.

However, reducing amyloid is not the same as slowing down symptoms of dementia. In more than two decades of clinical trials, many amyloid-lowering drugs failed to address symptoms, a history that some experts say made it particularly important that aducanumab’s data be convincing.

“Although the Aduhelm data are complicated in terms of clinical benefit, the FDA has determined that there is substantial evidence that Aduhelm reduces amyloid beta plaques in the brain and that reducing these plaques is likely to have important benefits for the patient, “said Dr Cavazzoni of the FDA wrote on the agency’s website.

Biogen officials said the drug provided long-awaited support for a theory that if done early enough, an attack on amyloid can help. Proponents of the approval also said it is possible that eliminating amyloid early could help contain the disease over time and provide added benefit beyond the slightly delayed early decline. However, Alzheimer’s experts point out that the assumption is completely untested.

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Health

Biogen’s Alzheimer’s drug accredited by FDA, first new remedy in almost 20 years

The Food and Drug Administration approved Biogen’s Alzheimer’s drug aducanumab on Monday, making it the first U.S. regulator-approved drug to slow cognitive decline in people with Alzheimer’s and the first new drug for the disease in nearly two decades.

The FDA’s decision was eagerly awaited. The drug, which is marketed under the name Aduhelm, is also expected to generate billions in sales for the company offers new hope to friends and families of patients living with the disease.

Biogen stock was on hold for the announcement. The stocks later resumed trading, rising more than 60% at times before reducing that gain by 40% to $ 400.83.

“We are aware of the attention associated with this approval,” said Dr. Patrizia Cavazzoni, director of the FDA’s Center for Drug Evaluation and Research, in a press release. “We know that Aduhelm has drawn the attention of the press, the Alzheimer’s patient community, our elected officials and other interested stakeholders.”

“With treatment for a serious, life-threatening disease in balance, it makes sense that so many people followed the outcome of this review,” added Cavazzoni.

The FDA said it would continue to monitor the drug when it hits the US market. The agency granted approval on the condition that Biogen conduct another clinical study. The Massachusetts-based biotechnology company announced Monday that the list price of aducanumab is $ 56,000 a year; $ 4,312 per infusion.

Biogen CEO Michel Vounatsos told CNBC’s “Power Lunch” later Monday that he thought the price of the drug was “fair,” but also vowed the company would not raise its price for four years.

It reflects “two decades without innovation” and will also allow the company to continue investing in its pipeline of drugs for other diseases, he said.

Alzheimer’s disease is a progressive neurodegenerative disease that slowly destroys memory and thinking skills. The Alzheimer’s Association estimates that more than 6 million Americans live with it. According to the group, this number is expected to rise to almost 13 million by 2050.

“It’s a new day,” said Harry Johns, CEO of the Alzheimer’s Association, in a statement. “This approval gives people with Alzheimer’s more time to live better. For families, it means being able to hold onto loved ones longer. It’s about resuscitating scientists and companies in the fight against this scourge of disease. It’s about hope it. “

To date, there have been no FDA-approved drugs that can slow the mental decline of Alzheimer’s, the sixth leading cause of death in the United States. The agency has approved Alzheimer’s drugs that are aimed at relieving symptoms rather than slowing the disease itself down.

Federal agencies have come under intense pressure from friends and family members of Alzheimer’s patients to speed up aducanumab, but the road to regulatory approval has been controversial since it showed promise in 2016.

In March 2019, Biogen withdrew from development of the drug after analysis by an independent group found it was unlikely to work. The company then shocked investors a few months later by announcing that it would apply for regulatory approval for the drug after all.

Biogen’s shares soared in November after the company received support from FDA officials who said the company had very “compelling” evidence of aducanumab’s effectiveness and “an acceptable safety profile that would make its use in individuals would assist with Alzheimer’s disease “, submitted.

But two days later, a panel of external experts advising the US agency unexpectedly declined to approve the experimental drug, citing inconclusive data. It also criticized the agency’s staff for rating it too positively.

When Biogen filed for approval for the drug in late 2019, its scientists said a new analysis of a larger data set showed that aducanumab “reduces clinical decline in patients with early-stage Alzheimer’s disease.”

Alzheimer’s experts and Wall Street analysts were immediately skeptical, wondering whether the clinical trial data was enough to prove the drug works and whether approval could make it difficult for other companies to enroll patients in their own drug trials.

Some doctors have said they won’t prescribe aducanumab when it hits the market because the mixed data package helps the company’s use.

Supporters, including advocacy groups and family members of patients desperately looking for a new treatment, have admitted the data is not perfect. However, they claim it could help some patients with Alzheimer’s, a progressive and debilitating disease.

Biogen’s drug targets a “sticky” compound in the brain known as beta-amyloid that scientists expect to play a role in the devastating disease. The company previously estimated that approximately 1.5 million people with early-stage Alzheimer’s in the United States could be candidates for the drug, according to Reuters.

The approval is “interesting because the FDA is essentially confirming that the beta-amyloid hypothesis has been validated,” said Salim Syed, a senior biotech analyst at Mizuho Securities, on Monday, adding that the decision had a major impact will have future clinical trials. Some experts are not convinced that targeting the compound will slow cognitive decline.

The FDA’s decision is expected to reverberate across the biopharmaceutical sector, RBC Capital Markets analyst Brian Abrahams said in a June 1 announcement to customers.

That prognosis was apparently confirmed on Monday by comments from Dr. Vas Narasimhan, CEO of Novartis, confirmed.

“I think it is a reflection of the immense unmet needs of these patient populations that regulators are looking for ways to advance therapeutics, and it certainly opens doors,” Narasimhan said in an interview with CNBC’s The Exchange.

“We have a lot of neurodegenerative research and development and will certainly be putting pens on paper – or at least hammering on our computers – this coming weekend to really think about how we can speed up our own programs.”

The FDA said Monday it found there was “substantial evidence” that the drug is helping patients. “With Aduhelm approved by the FDA, an important and critical new treatment is available to patients with Alzheimer’s disease to combat the disease,” the statement said.

– CNBC’s Kevin Stankiewicz contributed to this report.

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Health

F.D.A. Approves Alzheimer’s Drug Regardless of Fierce Debate Over Whether or not It Works

The Food and Drug Administration on Monday approved the first new medication for Alzheimer’s disease in nearly two decades, a contentious decision, made despite opposition from the agency’s independent advisory committee and some Alzheimer’s experts who said there was not enough evidence that the drug can help patients.

The drug, aducanumab, which will go by the brand name Aduhelm, is a monthly intravenous infusion intended to slow cognitive decline in people, with mild memory and thinking problems. It is the first approved treatment to attack the disease process of Alzheimer’s instead of just addressing dementia symptoms.

Recognizing that clinical trials of the drug had provided incomplete evidence to demonstrate effectiveness, the F.D.A. granted approval on the condition that the manufacturer, Biogen, conduct a new clinical trial.

During the several years it could take for that trial to be concluded, the drug will be available to patients, the agency said. If the post-market study, called a Phase 4 trial, fails to show the drug is effective, the F.D.A. can — but is not required to — rescind its approval.

“The data included in the applicant’s submission were highly complex and left residual uncertainties regarding clinical benefit,” the F.D.A.’s director of the Center for Drug Evaluation and Research, Dr. Patrizia Cavazzoni, wrote on the agency’s website.

But, she said, the agency had decided to approve the drug through a program called accelerated approval, which is designed “to provide earlier access to potentially valuable therapies for patients with serious diseases where there is an unmet need, and where there is an expectation of clinical benefit despite some residual uncertainty regarding that benefit.”

Michel Vounatsos, Biogen’s chief executive, called the approval a “historic moment.” He said in a statement that the company believes the drug “will transform the treatment of people living with Alzheimer’s disease and spark continuous innovation in the years to come.”

Patient advocacy groups had lobbied vigorously for approval of the drug because there are so few treatments available for the debilitating condition and other drugs in clinical trials, while more promising, are most likely three or four years away from potential approval.

But the F.D.A. advisory committee, along with an independent think tank and several prominent experts — including some Alzheimer’s doctors who worked on the aducanumab clinical trials — said the evidence raised significant doubts about whether the drug is effective. They also said that even if aducanumab could slow cognitive decline in some patients, the benefit suggested by the evidence would be so slight that it would not outweigh the risk of swelling or bleeding in the brain that the drug caused in the trials.

Biogen, is expected to reap billions of dollars from the drug. The company has yet to announce a price, but it could be in the range of $10,000 to $50,000 per patient per year, Wall Street analysts project. Beyond that, there will most likely be tens of thousands of dollars in costs for diagnostic testing and brain imaging.

About six million people in the United States and roughly 30 million globally have Alzheimer’s, a number expected to double by 2050. Currently, five medications approved in the United States can delay cognitive decline for several months in various Alzheimer’s stages.

Although the clinical trials for aducanumab were conducted on specific populations of patients — those with mild cognitive impairment or early-stage Alzheimer’s whose brains contained high-than-normal levels of amyloid — the F.D.A.’s label for the drug does not contain any such restrictions. The label simply says the drug is “for the treatment of Alzheimer’s disease.”

The label says that patients should have a brain MRI within the year before starting the drug and should obtain additional MRIs before the seventh and twelfth monthly doses. The label says the “most common adverse reactions” include brain swelling, headache, brain microbleeds and falls.

Infusions will take about an hour and should start at a low dose, which should increase every two months until it reaches the high dose of 10 mg/kg.

In 2012, the F.D.A. revoked its approval of the drug Avastin as a breast cancer treatment after additional studies did not show enough benefit. But some other cancer drugs have retained approval even though additional trials failed to confirm the drugs were beneficial. The agency has also been criticized in the past for failing to make sure the follow-up studies are done.

Alzheimer’s trials are already challenging to conduct because it is often difficult to recruit enough participants. Because the condition can progress very gradually, trials need to be large and continue for many months in order to be able to see if a drug is slowing cognitive decline.

Several experts expressed skepticism that Biogen would be able to recruit many participants in the United States for a post-market trial because patients who can get a drug from their doctors are often reluctant to take the chance of receiving a placebo in a clinical trial.

“Once the product is approved, the cat’s out of the bag, the horse is out of the barn,” said Dr. G. Caleb Alexander, a member of the F.D.A. advisory committee, who is an internist, epidemiologist and expert on drug safety and effectiveness at the Johns Hopkins Bloomberg School of Public Health. “There’s no way to recover the opportunity to understand whether or not the product really works in the post-approval setting.”

Companies can conduct post-market trials with participants from other countries, but may face similar challenges recruiting participants if those countries approve the drug before trials are completed. Aducanumab has not yet been approved outside of the United States, but Biogen has filed for regulatory review in the European Union, Japan, Brazil and elsewhere.

Aducanumab, a monoclonal antibody, targets a protein, amyloid, that clumps into plaques in the brains of Alzheimer’s patients and is considered a biomarker of the disease. One thing both critics and supporters of approval agree on is that the drug substantially reduces levels of amyloid, and the F.D.A. said that the drug’s effect on a biomarker qualified it for the accelerated approval program.

Still, reducing amyloid is not the same thing as slowing symptoms of dementia. Over more than two decades of clinical trials, many amyloid-reducing drugs failed to address symptoms, a history that, some experts say, made it especially important that aducanumab’s data be convincing.

“Although the Aduhelm data are complicated with respect to its clinical benefits, FDA has determined that there is substantial evidence that Aduhelm reduces amyloid beta plaques in the brain and that the reduction in these plaques is reasonably likely to predict important benefits to patients,” Dr. Cavazzoni, of the F.D.A., wrote on the agency’s site.

Biogen officials said that the drug provided long-awaited support for a theory that attacking amyloid can help if done early enough. Supporters of approval also said that it’s possible that clearing amyloid early on could help rein in the disease down the road, providing additional benefit beyond slightly delayed early decline. But Alzheimer’s experts note that supposition is completely untested.

Doctors anticipate there will be tremendous demand for aducanumab from patients desperate to try any approved medication.

Because Alzheimer’s primarily affects older people, most costs are expected to fall to Medicare’s Part B program. Medicare has not yet said how it would cover the drug and its associated costs. The program does not generally pay for PET scans that may be needed to detect whether patients have amyloid levels that indicate if they have mild Alzheimer’s-related impairment.

The crux of the controversy over aducanumab involved two Phase 3 trials with results that contradicted each other: One suggested the drug slightly slowed cognitive decline while the other trial showed no benefit. The trials were stopped early by a data monitoring committee that found aducanumab didn’t appear to be showing any benefit. Consequently, over a third of the 3,285 participants in those trials were never able to complete them.

Biogen later said that it had analyzed additional data and concluded that in one of the trials a high dose of aducanumab could delay cognitive decline by 22 percent or about four months over 18 months. In the trial’s primary measurement, the high dose appeared to slow decline by 0.39 on an 18-point scale rating memory, problem-solving skills and function. A lower dose in that trial and high and low doses in the other showed no statistically significant benefit over a placebo.

“There’s so little evidence for effectiveness,” said Dr. Lon Schneider, director of the California Alzheimer’s Disease Center at the University of Southern California and one of many site investigators who helped conduct one of the aducanumab trials. He added, “I don’t know what caught the F.D.A.’s fancy here.”

At the time of the advisory committee meeting, in November 2020, there was not unanimity within the F.D.A. itself. An F.D.A. clinical analyst said there was a sufficient case for approval, but an F.D.A. statistician wrote that another trial was needed because “there is no compelling, substantial evidence of treatment effect or disease slowing.”

After the advisory committee’s blistering rejection, the F.D.A. extended its decision deadline by three months and sought additional information from Biogen, which hasn’t said what it submitted.

Biogen and some researchers who favored approval of the drug said that given the need for Alzheimer’s medications, the single positive trial, plus results from a small safety trial and aducanumab’s ability to reduce amyloid justified making it available to patients now.

Dr. Stephen Salloway, who has received research and consulting fees from Biogen but wasn’t paid for being an aducanumab trial site principal investigator, said that while he understood the concerns about the data, “the totality of the evidence favors approval, and F.D.A. approval will open the door to a new treatment era for Alzheimer’s disease that we can build on.”

The F.D.A. typically follows advisory committee recommendations and usually requires two convincing studies for approval, but it has made exceptions, especially for severe diseases that lack treatments. But some experts worry that aducanumab’s approval could lower standards for future drugs, allowing them onto the market before experts in the field are convinced the benefits outweigh any safety risks.

The risks with aducanumab involve brain swelling or bleeding experienced by about 40 percent of Phase 3 trial participants receiving the high dose. Most were either asymptomatic or had headaches, dizziness or nausea. But such effects prompted 6 percent of high-dose recipients to discontinue. No Phase 3 participants died from the effects, but one safety trial participant did.

Similar side effects have occurred in trials of previous amyloid-lowering drugs, but doctors consider them manageable if a patient is evaluated regularly with brain scans. Still, even supporters of approval said that conducting such safety monitoring was more difficult when not done in the carefully controlled regimen of a study.

“It’s going to be challenging when it’s applied more broadly, outside of a clinical trial,” said Dr. Salloway, director of neurology and the Memory and Aging Program at Butler Hospital in Providence, R.I.

Biogen is expecting to launch the drug quickly, with more than 600 sites across the country expected to administer it. Clinics for patients with cognitive problems have been scrambling to prepare.

Dr. Jeffrey Burns, director of the University of Kansas Health System’s memory clinic and a site investigator for one trial, said he expected “the phone to be ringing off the hook.” He estimates 25 to 40 percent of the clinic’s roughly 3,000 patients might be eligible, but it doesn’t have enough neurologists.

Several Alzheimer’s doctors who believe the case for approving aducanumab is too weak said they would now feel ethically compelled to make it available. They believe that many patients, even when told of the problematic evidence, would try the drug because they would assume there was a compelling reason it received F.D.A. approval.

“I had this conversation with a real patient who was very interested in it,” said Dr. David Knopman, a clinical neurologist at the Mayo Clinic and a site principal investigator for one trial who co-wrote an article saying the evidence was insufficient to show benefit. “I presented the data to the patient and her husband, and they didn’t hear a word I said about my concerns. All they heard was there might be benefit.”

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Politics

ICE Meant to Seize Drug Lords. Did It Snare Duped Seniors?

WASHINGTON — After two decades in the military, after earning two master’s degrees and navigating a successful career as a corporate coach, Victor Stemberger seemed ready for a peaceful retirement. But he had a new venture in the works.

Mr. Stemberger, of Virginia, had a $10 million inheritance waiting for him, according to men claiming to be affiliated with the Nigerian Ministry of Finance. Through a dizzying web of more than 160 emails over the course of a year, Mr. Stemberger, then 76, somehow grew convinced.

The final step to collect his millions was a good-will gesture: He needed to embark on a whirlwind tour to several countries, stopping first in São Paulo, Brazil, to pick up a small package of gifts for government officials.

With that parcel tucked away safely in his luggage, Mr. Stemberger got ready to board a flight to Spain, the next leg of his trip.

“Standard protocol for dealing with government officials in this part of the world,” Mr. Stemberger assured his son, Vic, in an email. “No contraband — be sure of that.”

The next day, Vic Stemberger received a text from a Spanish number: “Your father is in prison.”

International criminals have long set their sights on older Americans, deceiving them with promises of money or romance and setting them up to unwittingly carry luggage filled with drugs or other contraband, hoping they will not raise flags in customs.

But Mr. Stemberger’s case shines a discomfiting light on a little-known program run by Immigration and Customs Enforcement known as Operation Cocoon, which is devised to disrupt international drug trafficking rings.

Under the program, ICE officials share information with foreign law enforcement agencies when they learn about potential smuggling. But critics say the program does not do enough to warn unwitting drug mules that they are being duped; instead, U.S. officials in some cases are delivering vulnerable older Americans straight into the hands of investigators in foreign countries, where they can be locked up for years.

“If somebody from the U.S. government showed up at my father’s house and spoke to my dad and said, ‘Hey, look, we have reason to believe you’re being scammed,’ there’s 100 percent no doubt he would have dropped it,” Vic Stemberger said.

His father has been in a Spanish prison since the police arrested him as he got off a plane in Madrid nearly two years ago and found more than five pounds of cocaine sewn into jackets in his luggage, according to court documents.

A Spanish court sentenced him last year to seven and a half years in prison.

Since Operation Cocoon was created in 2013, information shared by ICE has led to more than 400 travelers being stopped by law enforcement at foreign airports, resulting in about 390 drug seizures. More than 180 of those stopped on suspicion of carrying narcotics were American citizens, and 70 percent of those were over age 60.

(Asked if the operation’s name, which is no longer used by ICE, is a reference to the 1985 movie “Cocoon,” about elderly people rejuvenated by aliens, an agency spokeswoman said she had “no background readily available.”)

It is not clear how many of the older Americans stopped overseas were duped by drug organizations and how many were intentionally smuggling narcotics. ICE could not provide data on the number of times the agency warned older Americans they were being targeted by criminal organizations.

Vic Stemberger firmly believes his father was tricked; he said cognitive issues from a brain aneurysm 15 years ago made his father vulnerable to the scheme.

The Trump administration informed some members of Congress last year that Mr. Stemberger was most likely arrested after ICE shared information with foreign authorities through Operation Cocoon, according to correspondence reviewed by The New York Times.

The correspondence suggests U.S. authorities became aware of Mr. Stemberger’s plans before he left, something Vic Stemberger believes amounted to a missed opportunity to save his father. John Eisert, the assistant director of investigative programs for Homeland Security Investigations, a branch of ICE, said the agency generally became aware of such plans when it picked up on irregular travel, but declined to comment on Mr. Stemberger’s case.

But he emphasized the difficulty of detecting and warning older Americans that they were being targeted for illegal activity. Even when agents do reach out, the victims occasionally ignore the warning, and officers will at times find out someone has been coerced or fooled only after that person has been arrested, Mr. Eisert said.

“Imagine how many more there really are,” Mr. Eisert said. “And that’s the sad aspect when we speak about elder fraud abuse.”

But, he said, older people are not ICE’s target — if agents become aware they are being lured by criminal groups, and discover evidence they are unwitting, the agents are supposed to find a way to warn them before they step on the plane. ICE officials say they are focused on sharing information with overseas partners to secure the arrests of serious criminals and to build a case against international trafficking organizations, he added.

“If we ever had the information to intercept somebody before traveling overseas, that’s the first priority,” Mr. Eisert said.

Some senators — and family members of older Americans in prison — wonder if the interceptions are coming too late, or at all.

“We are concerned that in an attempt to interdict illicit contraband being moved by unsuspecting senior citizens, Operation Cocoon may have led D.H.S. to provide information about these unwitting Americans to foreign law enforcement partners who then arrested, prosecuted and jailed them abroad,” Virginia’s two Democratic senators, Tim Kaine and Mark Warner, wrote in letters to the Department of Homeland Security last year and again to the Biden administration last month.

Investigators from the Southern District of New York and the Drug and Enforcement Administration, in part hoping to lighten Mr. Stemberger’s sentence, told Spanish authorities in October 2019 that he appeared to have been “pressured, cajoled and subjected to a variety of deceptive and manipulative strategies to induce him to believe that he would receive millions of dollars in inheritance funds.”

“This scheme resulted in Stemberger’s arrest,” the investigators said in the document, which was reviewed by The Times.

This spring, a court in Spain upheld Mr. Stemberger’s sentence, rejecting his lawyer’s argument that cognitive issues from his aneurysm made him easily coerced. The judge was also skeptical that Mr. Stemberger was not aware that the jackets he was carrying contained drugs.

“Just by picking them up, he could perceive something abnormal in the touch of the garments,” Judge Javier Hernández Garcia wrote in the Supreme Court ruling. Mr. Stemberger’s service in both Vietnam and Korea “should have led him to doubt the legality of the products transported,” the judge wrote.

There have been cases where Americans caught up in scams overseas have been released.

J. Bryon Martin, a 77-year-old retired pastor from Maine, spent nearly a year in jail in Spain after authorities found more than three pounds of cocaine hidden in an envelope he picked up in South America. He said a woman he fell in love with online had asked him to pick up the package and bring it to her.

Senator Susan Collins, Republican of Maine, pushed the State Department to work with Spanish authorities to secure Mr. Martin’s release on humanitarian grounds in 2016.

Ms. Collins said she was disappointed the State Department had not done more to secure the release of other seniors like Mr. Stemberger. “That’s one reason we have embassies and consulate services all over the world, to take care of American citizens who are being unjustly treated by the host government, and that certainly seems to have occurred in this case,” she said.”

But often, once someone is arrested on foreign soil, the cases languish.

Just a month after Mr. Stemberger’s arrest, the police found more than two pounds of cocaine in an envelope at the bottom of 82-year-old Primo Hufana’s suitcase in Madrid. The Trump administration also indicated to members of Congress that another American was arrested because of information shared by ICE. Mr. Hufana appears to be that American; his arrest date matches the one specified in the correspondence obtained by The Times.

Mr. Hufana, a Californian, often ranted to his children about business opportunities he found on the internet. His daughter, Veronica, said that years before Mr. Hufana’s arrest, law enforcement officials had warned him that he could be at risk after he sent a large sum of money in a wire transfer.

Even now, when Ms. Hufana calls her father, who is serving a seven-year sentence, he asks her to connect the Spanish court with the bank employees who recruited him, so they can tell authorities his arrest was a mistake.

“They brainwashed my dad,” she said of the scammers.

Mr. Hufana’s lawyer, Matthias E. Wiegner, said Spain had become a hot spot for apprehensions in part because it is a common transit hub.

Mr. Wiegner said narcotics organizations used to recruit young people vacationing in South America but had turned to less obvious targets. “You probably wouldn’t suspect a grandmother or grandfather of carrying 25 kilos of cocaine,” he said. “If you have a 25-year-old European surfer, it might raise a bit more suspicion.”

ICE insists that warning unwitting drug mules is part of Operation Cocoon “where appropriate.”

Ms. Collins, who has served as head of the Senate Special Committee on Aging, acknowledges that the job is tricky.

“ICE has an obligation to try and prevent seniors with cognitive difficulties or who simply have been duped from becoming further victimized by these international criminals, but it’s not always easy for ICE to do so,” Ms. Collins said. “There may be cases where ICE can’t be certain whether the person is an unwitting victim or is involved in a scheme in order to get money.”

Mr. Eisert also emphasized the difficulties facing investigators, who must pick up a pattern of “irregular travel” before they can intervene in an older American’s plans, or family and friends who come forward to report their elders.

In Mr. Stemberger’s case, such a pattern was obvious, his family and lawyers say.

Nine months before Mr. Stemberger was arrested, the scammers had lured him into another trip, which took him to Buenos Aires, then by ferry to Montevideo, Uruguay, and on to Madrid. His family members said they had no idea — Mr. Stemberger told his wife he was heading to Chicago.

For all his globe-trotting, Mr. Stemberger heard from no one in law enforcement, according to his family. “No welfare check. No phone call. No email,” Vic Stemberger said.

In his email exchanges with the scammers, Mr. Stemberger occasionally expressed concern that he was entering a fraudulent agreement, a finding U.S. investigators highlighted to Spanish authorities when arguing that Mr. Stemberger thought he was pursuing a legal business opportunity.

“You are aware of those risks due to the corruption in Africa, so my suspicion should not be a surprise to you,” Mr. Stemberger wrote to the men in June 2018, adding that he wanted to ensure no one he met overseas would demand money from him. “If these kinds of things occur, my time will have been wasted, and there could be other kinds of trouble in store for me.”

One of the men responded: “I don’t understand why you flair up at the slightest error or misjudgment. Nobody is perfect.” He accused Mr. Stemberger of being “full of rage.”

Mr. Stemberger’s wife waits by the telephone most days, unsure of when her husband might be able to use his daily phone call. He is now taking anti-depressants in prison. During one recent conversation, Mr. Stemberger told his son he felt “all alone.”

“No one speaks English or even tries to communicate with me,” he said.

Vic Stemberger said he asked his father to reflect on the ordeal that landed him in prison, potentially for the rest of his life.

“I always look for the downside in a business transaction, and I thought I had made sure that everything was right,” Mr. Stemberger replied. “I guess I was wrong.”

Raphael Minder contributed reporting.

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Health

Alzheimer’s Drug Poses a Dilemma for the F.D.A.

The Food and Drug Administration is on the verge of announcing one of its most contentious decisions in years: the fate of an Alzheimer’s drug that could be the first treatment approved after nearly two decades of failed efforts to find ways to curb the debilitating disease.

On Monday, the agency will rule on the drug, aducanumab, which aims to slow progression of memory and thinking problems early in the disease. If approved, it would be the first new Alzheimer’s medication since 2003 and the first treatment on the market that attacks the disease process rather than just easing symptoms.

It would become a blockbuster drug within several years, analysts predict, costing tens of thousands of dollars annually per patient and bringing a windfall to its manufacturer, Biogen.

Patient groups, desperate for treatments, are pushing for approval. But greenlighting the drug would fly in the face of objections from several prominent Alzheimer’s experts and the F.D.A.’s independent advisory committee.

In November, the committee voted overwhelmingly against recommending approval, saying data failed to demonstrate persuasively that aducanumab slowed cognitive decline. Three advisory committee members later wrote a point-by-point critique of the evidence. Other scientists, and an independent think tank, say aducanumab hadn’t shown convincing benefit to outweigh its safety risks.

“This should not be approved, because substantial evidence of effectiveness hasn’t been shown,” said Dr. Lon Schneider, director of the California Alzheimer’s Disease Center at the University of Southern California and one of many site investigators who helped conduct one of the aducanumab trials. “There’s very little potential that this will address the needs of patients.”

Beyond the status of this particular drug, some experts worry approval could lower standards for future drugs — an especially important question at a time when public trust in science is teetering.

“I simply don’t see a path for approval because of the absence of evidence that’s been shared to date that this product works, and I think it would set a remarkably dangerous precedent — not only for the field of Alzheimer’s research but also for the broader regulation of prescription drugs in our country,” said Dr. G. Caleb Alexander, an F.D.A. advisory committee member and an internist, epidemiologist and drug safety and effectiveness expert at the Johns Hopkins Bloomberg School of Public Health.

About six million people in the United States and roughly 30 million globally have Alzheimer’s, a number expected to double by 2050. Currently, five medications approved in the United States can delay cognitive decline for several months in various Alzheimer’s stages. About two million Americans have mild Alzheimer’s-related impairment, fitting criteria for aducanumab, a monthly intravenous infusion requiring regular imaging to detect potential brain swelling.

Biogen officials declined to comment for this article, but in earnings calls, medical meetings and F.D.A. presentations, they have said the evidence shows cognitive benefit. Several Alzheimer’s experts whose experience includes consulting for Biogen wrote recently that aducanumab “achieves the standard of meaningful efficacy with adequate safety.”

Debate centers on two never fully completed Phase 3 trials that contradicted each other. One suggested that a high dose could slightly slow cognitive decline; the other showed no benefit. Biogen says that given the need for Alzheimer’s medications, the single positive trial, plus results from a small safety trial and aducanumab’s ability to reduce a key protein, should justify approval.

The F.D.A. typically follows advisory committee recommendations and usually requires two convincing studies for approval, but it has made exceptions, especially for severe diseases that lack treatments.

Two other medications now in trials appear more promising than aducanumab, experts say, but it could be three or four years before data would indicate whether they merit approval. Many families say that’s too long to wait.

“There’s lots of issues with the data,” acknowledged Maria Carrillo, chief science officer for the Alzheimer’s Association, a patient advocacy group campaigning vigorously for approval. But she said her organization must “weigh the crushing reality of what people live with today” and support giving patients something to try instead of waiting several years for more conclusive positive results.

The F.D.A. itself seems divided. In advisory committee presentations, a clinical analyst cited “substantial evidence of effectiveness to support approval.” But an F.D.A. statistician wrote that another trial was needed because “there is no compelling, substantial evidence of treatment effect or disease slowing.”

And some experts, like Dr. Ronald Petersen, director of the Mayo Clinic’s Alzheimer’s Disease Research Center in Rochester, Minn., say they’re “on the fence.” He said he’d like to give patients a new option soon but “the data are iffy.”

Aducanumab, a monoclonal antibody, targets a protein, amyloid, that clumps into plaques in the brains of Alzheimer’s patients. Many amyloid-reducing drugs failed to slow symptoms in trials, a history that, some experts say, makes it especially important that aducanumab’s data be convincing. If effective, it would support a long-held, unproven theory that attacking amyloid can help if done early enough.

Excitement about aducanumab grew after a small early trial to evaluate safety showed amyloid reduction and hinted it might slow cognitive decline. The F.D.A., in a move some experts question, allowed Biogen to skip Phase 2 trials and conduct two Phase 3 trials of about 1,640 patients each.

Both trials were stopped early, in March 2019, when an independent data monitoring committee said aducanumab didn’t appear to be working. Consequently, 37 percent of participants never completed the 78-week trials.

But that October, Biogen announced it found benefit in one trial after evaluating data from 318 participants who finished before the trials were stopped but after the cutoff point for results the monitoring committee assessed.

In that trial, Biogen said, the highest dose slowed cognitive decline by 22 percent, or about four months over 18 months. A lower dose in that trial and high and low doses in the other showed no statistically significant benefit over a placebo.

“One study was positive, and one identically performed study was negative,” said Dr. David Knopman, a clinical neurologist at the Mayo Clinic and a site principal investigator for one trial. “I don’t think it takes a Ph.D. in statistics to see that that’s inconclusive.”

Dr. Alexander added that Biogen’s interpretation of data using after-the-fact analyses was “like the Texas sharpshooter fallacy — the idea that the sharpshooter shoots up a barn and then goes and draws a bull’s-eye around the cluster of holes that he likes.”

By contrast, Dr. Stephen Salloway, who has received research and consulting fees from Biogen but wasn’t paid for being an aducanumab trial site principal investigator, called himself a “passionate” supporter of approval. He considers the evidence sufficient because Alzheimer’s is so disabling.

“I understand people’s concerns — the data set has issues, of course,” said Dr. Salloway, director of neurology and the Memory and Aging Program at Butler Hospital in Providence, R.I. “F.D.A. is in a tough spot, obviously.”

But he favors giving patients the option. Of his 17 participants in both the safety trial and Phase 3, he said, 10 had remained relatively cognitively stable for several years, while seven had declined at typical rates.

“It didn’t work for everybody,” he said, but “it just seemed like there were more people that were steady for longer than I’m used to.”

One challenge with assessing impact is that many early-stage patients decline slowly anyway, Dr. Schneider said.

Advocates and many patients say delaying deterioration even slightly is meaningful. But some experts say the single trial’s slowing of 0.39 on an 18-point scale rating memory, problem-solving skills and function may be imperceptible to patients’ experience and doesn’t justify approving a drug that floundered in another trial and carries risk of harm.

“This product, even in the best of circumstances, would be not terribly effective at all, with significant safety risks,” Dr. Alexander said.

The potential harm involves brain swelling or bleeding experienced by about 40 percent of Phase 3 trial participants receiving the high dose. Most were either asymptomatic or had headaches, dizziness or nausea. But such effects prompted 6 percent of high-dose recipients to discontinue. No Phase 3 participants died from the effects, but one safety trial participant did.

Some trial participants’ views reflect the situation’s complexity.

Dewayne Nash, 71, of Santa Barbara, Calif., learned after the trial that he had received 18 months of a placebo, during which his cognitive scores improved — partly, he believes, because he lowered his cholesterol. Dr. Nash, a retired family physician, then received seven months of aducanumab, scaling up to the high dose, hoping it would slow decline, but “I didn’t notice any difference.”

Dr. Nash, whose mother and brother died of Alzheimer’s, will resume aducanumab soon through Biogen’s study for previous participants. He said that for his situation, he would like it approved because he expects to decline before other therapies become available and is willing to risk “brain bleeding and stuff.”

But scientifically, “I don’t like it when they rush drugs,” he said.

“They really ought to do the studies that need to be done” before approval, he added. Otherwise, “you’re giving people a drug that may help, but it may not.”

Dr. Salloway said one trial patient whose dementia had remained mild considerably longer than he’d expected was Henry Magendantz, a retired obstetrician-gynecologist in Providence, R.I. Dr. Magendantz, 84, started the safety trial after his wife, Kathy Jellison, noticed him having trouble following steps to assemble furniture.

He received a year of placebo, then a year of lower-dose aducanumab, then two years of the high dose before the 2019 halt. During that time, Ms. Jellison said, he was “slipping a bit,” but she believes aducanumab slowed decline enough to allow him to participate in tasks like choosing an assisted-living facility, where he moved in October 2018.

“It brought us some time,” she said.

Another issue with evaluating treatments is that some assessment scales, including in the aducanumab trials, involve reports from relatives or caregivers, who might miss subtle symptom progression.

“It is squishy stuff,” said Susan Woskie, a professor emeritus in public health at the University of Massachusetts Lowell, whose wife, Debby Rosenkrantz, 68, participated in the trial. “This stuff is really difficult, I think, to compile into metrics that have any validity.”

Ms. Rosenkrantz, a former social worker in Cambridge, Mass., said that while receiving roughly eight months of low-dose aducanumab in the trial, “I was really optimistic that there was a drug, and so for me it was like, yes, it’s working.”

Since restarting infusions in Biogen’s study for previous participants last September, though, “I haven’t noticed any change,” she said.

She experiences short-term memory loss and cannot follow recipes. “It just feels like there’s a blank in places where there shouldn’t be a blank in my brain,” she said.

Dr. Woskie said the couple yearns for treatments but that if the F.D.A. told Biogen, “‘No, we don’t fast-track approve you; come back when you have more data,’ that wouldn’t surprise me, and it might make sense.”

Some doctors who consider aducanumab’s evidence weak, including Dr. Knopman, say that if it is approved, they would tell patients their reservations but would feel ethically compelled to offer it.

Still, Dr. Jason Karlawish, a co-director of the University of Pennsylvania’s Penn Memory Center and a site investigator on Biogen-sponsored studies, said, “Physicians like me, who would be prescribers, are saying, ‘I want an effective drug to prescribe to my patients — but this is not the drug.’”

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NIH scientists say they could have discovered a promising new oral antiviral drug

Alex Raths | Getty Images

Scientists may have found promising new treatment for Covid-19 after an experimental oral antiviral drug demonstrated the ability to prevent the coronavirus from replicating, the National Institutes of Health said Thursday, citing a new study.

The drug called TEMPOL can reduce Covid-19 infections by interfering with an enzyme that the virus needs to make copies of itself once it’s in human cells, which could potentially limit the severity of the disease, des researchers said NIH. The drug was tested in a live virus cell culture experiment.

“We urgently need additional effective, accessible treatments for COVID-19,” wrote Dr. Diana W. Bianchi, director of the National Institute of Child Health and Human Development at the NIH, in a statement. “An oral drug that prevents SARS-CoV-2 from replicating would be an important tool in reducing the severity of the disease.”

The results were published in the journal Science.

While vaccines have been incredibly useful in containing Covid-19 cases in the United States and other parts of the world, scientists say treatments are still badly needed for those who contract the virus.

According to the Johns Hopkins University, the US reported an average of around 16,300 infections per day on Wednesday. Gilead Sciences’ remdesivir is the only drug that has received full US approval from the Food and Drug Administration for the treatment of Covid and that must be administered intravenously in a hospital.

Pfizer, who worked with German drug maker BioNTech to develop the first approved Covid-19 vaccine in the United States, is also developing an oral drug against Covid that can be taken at home at the first signs of illness. The researchers hope the drug will prevent the disease from getting worse and prevent hospital stays. It started with an early trial in March.

The NIH researchers said they intend to conduct additional preliminary studies and look for ways to evaluate the drug in a clinical study on Covid.

The results of the study are “hopeful,” said Dr. Tracey Rouault, another NIH officer who led the study.

“However, clinical trials are needed to determine whether the drug will be effective in patients, especially early on in the disease process when the virus begins to replicate.”

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F.D.A. Approves New Drug to Deal with Vaginal Yeast Infections

The Food and Drug Administration on Tuesday approved a new drug to treat a vaginal yeast infection, which is particularly common in pregnant women who take birth control pills or take antibiotics.

The drug Brexafemme (Ibrexafungerp) manufactured by SCYNEXIS is a one-day oral treatment and the first in a new class of triterpenoid antifungal drugs. The company said the new drug will kill candida – the yeast that can cause infection.

The standard oral drug diflucan (fluconazole) inhibits the growth of yeast, but does not kill it.

But the treatment would most likely not initially be prescribed for common vaginal yeast infections. Dr. David Angulo, the company’s chief medical officer, estimated the drug’s list price at $ 350-450 for the four-tablet treatment. In comparison, GoodRx lists the average retail price of fluconazole at $ 29.81.

He said Brexafemme is approved as a first-line treatment but could also be prescribed to patients whose infections don’t go away easily.

“There is nothing new that can be offered to patients who cannot tolerate it, do not respond well or develop resistance,” said Dr. Angulo.

Dr. Sumathi Nambiar, director of the FDA’s anti-infectives division, said, “This approval of a new antifungal drug provides an additional treatment option for patients with vulvovaginal candidiasis or vaginal or vulvar yeast infections, and represents another step forward in the FDA’s overall effort to be safe and effective To ensure antifungal drugs are available to patients. “

Dr. Denise Jamieson, Chair of Gynecology and Obstetrics at Emory University School of Medicine, said she wasn’t sure the new drug was needed.

“I don’t see any tremendous resistance,” she said. “I can’t really tell if this will be a great addition or not. It is always helpful to have another option and then you have to consider things like costs and tolerances. “

According to Dr. Angulo, in a clinical study used in support of the application, showed 50 percent effectiveness – that is, a complete elimination of all signs and symptoms – 10 days after treatment and 60 percent 25 days after treatment. The other study showed 64 percent effectiveness on day 10 and 73 percent on day 25.

Dr. Michael Carome, director of the Public Citizen’s Health Research Group, was not impressed with the FDA’s approval of Brexafemme.

“This drug is not necessary and few women should need it,” said Dr. Carome. “Fluconazole is very cheap and generally very effective. The cost of this is simply outrageous.

The FDA requires SCYNEXIS to conduct several post-marketing studies, including one to assess the risks to pregnant women, the developing fetus, and newborns; and another to study how much of the product passes into the breast milk of breastfeeding women.

The drug will hit the market later this year.

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Kentucky Derby winner Medina Spirit fails second drug take a look at

The second test of blood from Kentucky Derby winner Medina Spirit confirmed the presence of the banned steroid betamethasone, a lawyer for the horse’s owner told CNBC on Wednesday.

The second positive test sharply increases the chance that Medina Spirit’s victory on May 1 will be overturned by Kentucky racing officials and that Mandaloun, which ran second that day, will be declared the winner.

Hours after disclosure of the test, the company that operates Churchill Downs Racetrack — the site of the Kentucky Derby — said it had immediately suspended Baffert for two years.

Clark Brewster, the attorney for Medina Spirit’s owner, Amr Zedan, said officials are allowing another lab to analyze a third sample from the 3-year-old colt.

That test, Brewster said, could determine whether there are chemicals that would support the claim by trainer Bob Baffert that the betamethasone may have come from an antifungal ointment applied to the horse, and not an injection.

If the third test gives that result, Brewster could use it to argue against Medina Spirit being disqualified from the Derby, which is the first jewel in thoroughbred racing’s Triple Crown.

The attorney suggested he also might challenge the accuracy and protocol of the first official test, and the second analysis of blood, known as a split sample.

“I have not seen the paperwork to conclude that even the primary or split tests were properly admitted,” Brewster said.

The second failed test was first reported Wednesday by The New York Times.

Brewster said that if a horse fails a first drug test, a trainer normally has the option of “sending the B sample” for analysis at a selected lab for a second, confirmatory test.

For Medina Spirit’s B sample, Brewster said, the horse’s team “requested both the blood and urine to be sent to” such a lab.

Trainer Bob Baffert of Medina Spirit, raises the trophy after winning the 147th running of the Kentucky Derby with Medina Spirit, his seventh career Kentucky Derby win, at Churchill Downs on May 01, 2021 in Louisville, Kentucky.

Andy Lyons | Getty Images

The attorney said that if both substances were tested, it could detect the presence of chemical components that would indicate whether betamethasone came from ointment.

“But they [racing officials] refused to send” the urine, Brewster said. “They only sent the blood.”

The lawyer said that on Monday or Tuesday, Medina Spirit’s team was informed the lab “found betamethasone” in the split sample.

Brewster said the lab did not release the level of that steroid found in the blood, “but they said it’s there.”

“They estimated it was 25 picograms,” he said.

Baffert at a May 9 news conference first revealed that Medina Spirit had tested positive for the steroid, saying the first sample was found to have 21 picograms of betamethasone.

While that drug can be legally used as a therapeutic in Kentucky on a horse, any trace of it on race day is grounds for disqualification if a second test confirms it was in the blood on that day.

A picogram is a trillionth of a gram, a point Brewster made several times during a phone interview Wednesday.

The lawyer said testing labs in recent years have become able to detect minute levels of pharmaceutical substances, some of which can enter a horse’s or human’s system by incidental contact, as opposed to intentional administration.

The Kentucky Horse Racing Commission will have the final say over whether to void Medina Spirit’s Derby win.

“Hopefully they will make a reasonable judgment,” Brewster said.

“I think there will be unanimity on the subject that this is an infinitesimal amount that could not have affected the race,” the lawyer said.

Baffert, who so far this year has seen five of his horses fail drug tests, was suspended indefinitely from Churchill Downs Racetrack, where the Derby is held, as a result of Medina Spirit’s first positive test.

Medina Spirit was later allowed to race May 15 in the Preakness Stakes in Baltimore, the second leg of the Triple Crown, under an agreement that it and another Baffert-trained horse, Concert Tour, submit to “rigorous testing and monitoring,” the Maryland Jockey Club said.

Medina Spirit finished third in the Preakness.

Medina Spirit will not run in the Belmont Stakes on Saturday on Long Island, New York, because Baffert was temporarily suspended last month from entering horses in that race, the third jewel of the Triple Crown, or other major New York tracks as a result of the positive drug test from the Derby.

Baffert has trained two Triple Crown winners. He has trained seven Kentucky Derby winners, counting Medina Spirit.

Baffert’s lawyer W. Craig Robertson III on Wednesday later issued a formal statement on the most recent drug test.

“In response to the inquiries, this will acknowledge that the Medina Spirit split sample confirmed the finding of betamethasone at 25 picograms,” Robertson said.

“There is other testing that is being conducted, including DNA testing,” Robertson said.

“We expect this additional testing to confirm that the presence of the betamethasone was from the topical ointment, Otomax, and not an injection,” Robertson said.

“At the end of the day, we anticipate this case to be about the treatment of Medina Spirit’s skin rash with Otomax. We will have nothing further to say until the additional testing is complete.”

Kristin Voskuhl, a spokeswoman for the Kentucky Horse Racing Commission, said in a statement that the commission “does not provide comment or updates on the status of ongoing investigations.”

“The KHRC values fairness and transparency, and will provide information to the media and public at the close of an investigation,” Voskuhl said.

Marty Irby, executive director of the advocacy group Animal Wellness Action, in a statement, said, “The news of Medina Spirit’s second test confirmed positive is no shock.”

“Churchill Downs, the Kentucky Derby, and the Kentucky Horse Racing Commission must stand firmly together in agreement to take the 2021 Derby title away from Bob Baffert and the horse,” Irby said.

“And we call on Churchill Downs to show no mercy and permanently ban Bob Baffert and his horses from the Kentucky Derby and all of Churchill Downs’ tracks. It’s time to end the cheating and medication abuse in the fastest two minutes in sports and an example must be made.”

Disclosure: CNBC parent NBCUniversal owns NBC and NBC Sports, which broadcast the Triple Crown races.

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Bob Baffert suspended by Churchill Downs after Medina Spirit’s second constructive drug take a look at

Churchill Downs Racetrack suspended equestrian trainer Bob Baffert for two years just hours after lawyers announced Wednesday that its Kentucky Derby winner Medina Spirit had failed a second drug test for the banned steroid betamethasone.

The suspension means that no horse trained by Baffert or Bob Baffert Racing Stables will be able to ride a track owned by Churchill Downs Incorporated until the Churchill Downs Spring Meeting closes.

Part of that gathering is the Kentucky Derby, the first jewel in the horse racing triple crown. Kentucky Horse Racing Commission officials have yet to decide whether Medina Spirit’s win in the derby should be overturned due to the two failed tests.

Churchill Downs CEO Bill Carstanjen quoted Baffert’s history of failed horse drug testing when he announced the two-year ban on the coach, whose seven derby wins are the most of all coaches.

This year alone, Baffert failed five horses in drug tests.

Carstanjen also took a shot of Baffert for spreading the idea that Medina Spirit only had betamethasone in its system from an anti-fungal ointment being applied to the horse.

“CDI has consistently advocated strict drug regulations so that we can confidently ensure that the horses are fit for racing and that the races are conducted fairly,” Carstanjen said in a statement.

“Reckless practices and substance abuse that endanger the safety of our equine and human athletes or endanger the integrity of our sport are unacceptable and as a company we must take steps to show that they will not be tolerated,” said Carstanjen.

Bob Baffert, coach of Kentucky Derby winner Medina Spirit, stands near the track at Churchill Downs in Louisville, Kentucky on April 28, 2021.

Bryan Woolston | Reuters

“Mr. Baffert’s record of test failure threatens public confidence in thoroughbred racing and the reputation of the Kentucky Derby,” said the CEO.

“In light of these repeated failures over the past year, including the increasingly extraordinary declarations, we firmly believe that it is our duty and responsibility to enforce our right to enforce these measures.”

Baffert announced on May 9 that Medina Spirit tested positive for betamethasone, a steroid used for therapeutic purposes in horses, in a sample taken on the day of his Derby victory a week earlier. Baffert said 21 picograms of the drug were found in it.

Although this drug is legal for use as a therapeutic on a horse in Kentucky, any trace of it on race day is a reason for disqualification if a second test confirms it was in the blood that day.

On Wednesday, lawyers for the owners of Medina Spirit, Amr Zedan and Baffert, announced that betamethasone was found in a second test of a blood sample.

Clark Brewster, Zedan’s attorney, told CNBC that officials are allowing the Medina Spirit team to have a third sample from the horse analyzed by another laboratory.

That test, Brewster said, could determine if there are any chemicals that would support Baffert’s claim that the betamethasone may have come from a topical ointment called Otomax rather than an injection.

Brewster found that a picogram is only a trillionth of a gram.

“Hopefully they’ll make a reasonable judgment,” Brewster said, referring to the Kentucky Horse Racing Commission’s review of drug test results.

“I think there will be consensus that this is a negligible amount that cannot have affected the race,” said the lawyer.

Disclosure: CNBC parent NBCUniversal owns NBC and NBC Sports, which broadcast the Triple Crown races.

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