Is Early Release of Study Data to Doctors Unfair?

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By Douglas A. McIntyre Published
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by Hisham S. Ayoub, DMD
BioHealth Investor.com

It is a common, and expected practice, to release study results and preliminary data of major studies to doctors and members of medical associations ahead of major conferences. But this has incited a collective cry from investors and analysts who claim that releasing data early is unfair to the investment community at large, according to an article in the Friday edition of the Wall Street Journal.

ImClone Systems (IMCL), Regeneron Pharmaceuticals (REGN), Genentech (DNA), and Onyx Pharmaceuticals (ONXX), all apparently were affected by the release of early results to doctors and members of the American Society of Clinical Oncology (ASCO) ahead of a major meeting to be held on June 1st.

ImClone, Regneron, and Genentech all are trading down since rumors arose claiming that preliminary data from key study results were less than positive, while Onyx has gained amid speculation that a key liver cancer drug showed favorable results.

Can the release of early results to doctors be construed as insider information?

It really shouldn’t matter! ASCO believes it serves its members, which include doctors and patient advocacy groups. The esteemed socieity does not care much about Wall Street, and rightly so.

Some investors did claim that they have acquired copies of the preliminary data ahead of the ASCO meeting through ‘third parties’. Obviously, these include member doctors.

So the problem should not lie squarely with ASCO, or other medical societies who are serving their members, it lies with Wall Street.

Regulators should keep on eye out for investment firms and hedge funds who claim to hire doctors as ‘analysts’, while the true purpose is to have insiders at the major medical meetings and conferences to acquire key preliminary data ahead of the general public.

But ASCO also has a role to play here; cancel a doctor’s membership if he/she is linked to any investment firm, group or hedge fund.

As for the doctors themselves; the primary concern should be to discuss data to aid in the future development of promising drugs to relieve the suffering of patients, not to act as an information medium for Wall Street fat cats.

Am I being too naive? Maybe, but being naive is being honest, and that should be on every doctor’s priority list.

Source: BioHealth Investor.com

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About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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