Peter Wilmshurst
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Peter Wilmshurst is a British medical doctor and successful
whistleblower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
who has been the subject of multiple cases of
harassment Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...
through
vexatious Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which ...
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
actions brought by companies whose products he criticised as ineffective. He has also reported at least twenty doctors to the
General Medical Council The General Medical Council (GMC) is a public body that maintains the official register of medical practitioners within the United Kingdom. Its chief responsibility is to "protect, promote and maintain the health and safety of the public" by c ...
in the course of two decades of investigating research misconduct.


Background


Sterling-Winthrop case

In 1986, Wilmshurst, a cardiologist then working at
St. Thomas' Hospital St Thomas' Hospital is a large NHS teaching hospital in Central London, England. It is one of the institutions that compose the King's Health Partners, an academic health science centre. Administratively part of the Guy's and St Thomas' NHS Foun ...
, London, approached ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' newspaper with a substantial dossier detailing alleged misconduct in the development of
Amrinone Amrinone, also known as inamrinone, and sold as Inocor, is a pyridine phosphodiesterase 3 inhibitor. It is a drug that may improve the prognosis in patients with congestive heart failure. Amrinone has been shown to increase the contractions initia ...
, a cardiac drug manufactured by
Sterling-Winthrop Sterling Drug was an American global pharmaceutical company, also known as Sterling Winthrop, Inc. in its last years (after the merger with Winthrop-Stearns Inc. which itself resulted from the merger of ''Winthrop Chemical Company Inc.'' and '' ...
. The drug was supported by a study at
Harvard Medical School Harvard Medical School (HMS) is the graduate medical school of Harvard University and is located in the Longwood Medical Area of Boston, Massachusetts. Founded in 1782, HMS is one of the oldest medical schools in the United States and is consi ...
and published in the New England Journal of Medicine, whose lead author was Eugene Braunwald, a leader in his field. Wilmshurst's group ran a series of experiments on the promising new drug but found no effect on contractility and frequent life-threatening side effects. Wilmshurst reported these findings to Sterling-Winthrop, who asked him to suppress the data. He refused, and they retaliated by threatening litigation. He continued the research and published his adverse findings in abstracts and conference presentations, until Sterling-Winthrop staff removed all stocks of the drug from the hospital pharmacy. A review by the Netherlands Committee for the Evaluation of Medicine found substantial discrepancies between the record cards of Wilmshurst's group and those submitted by Sterling-Winthrop. Wilmshurst showed that they had falsified the records, suppressing the adverse events he had reported. He then contacted the UK's Committee for the Safety of Medicines and discovered that Sterling-Winthrop had also failed to report the adverse events to the UK; they had also threatened the UK Government with closure of a large manufacturing plant in the UK. Sterling-Winthrop subsequently reported over 1,400 adverse events to the US Federal
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
, and terminated research and marketing in the US, while continuing to market the drug in the developing world. Finally, after a substantial ''Guardian'' feature, they withdrew the oral drug entirely in 1986. In 2003 he was given the Health Watch Award for this work.


NMT Medical case

In 2000, Wilmshurst published a paper linking
migraine Migraine (, ) is a common neurological disorder characterized by recurrent headaches. Typically, the associated headache affects one side of the head, is pulsating in nature, may be moderate to severe in intensity, and could last from a few hou ...
to
patent foramen ovale Atrial septal defect (ASD) is a congenital heart defect in which blood flows between the atria (upper chambers) of the heart. Some flow is a normal condition both pre-birth and immediately post-birth via the foramen ovale; however, when this d ...
, a common cardiac condition affecting up to one in four people. This led NMT Medical to develop a PFO closure device branded STARflex. Wilmshurst was recruited as part of the "Migraine Intervention with STARflex Technology" (MIST) trial. The number of patients and potential value of the market (estimated in excess of $15bn) drove NMT's stock price to $25/share. A substantial discrepancy emerged between echocardiogram result interpretations of the implanting cardiologists and Wilmshurst's review. Wilmshurst reported a significantly higher proportion (one in three versus four in sixty-five) with residual cardiac shunts. An independent review backed Wilmshurst's figures. Less than a fortnight after returning from a conference in Washington where he discussed his results, Wilmshurst was contacted by lawyers for NMT making accusations of "seriously defamatory allegations". The first NMT libel suit was lodged in 2007, and drew media attention. NMT served four separate writs on Wilmshurst. The courts demanded that they lodge £200,000 due to their parlous financial state and the likelihood of failing in the action. NMT declared bankruptcy after pursuing Wilmshurst for over three years.


Bawa-Garba Case

In light of the
Hadiza Bawa-Garba case Jack Adcock, a 6-year-old child, was admitted to Leicester Royal Infirmary (LRI) on 18 February 2011. He died later that day, in part because of failings in his treatment. Dr Hadiza Bawa-Garba, the junior doctor who treated him (under the supervi ...
, Dr Peter Wilmhurst has both referred himself to the GMC, as well as asking the regulatory body to both remove himself from the register, and scrutinise his medical practice. This is due to the ongoing concern felt by medical practitioners in England with the GMC's outcome and appeal (successfully won) against Bawa-Garba. Multiple parties have been concerned about the outcome of this hearing, as well as the repercussions on current medical practice.


Libel reform

Wilmshurst's experience, along with
British Chiropractic Association v Singh ''British Chiropractic Association (BCA) v Singh'' was an influential libel action in England and Wales, widely credited as a catalytic event in the libel reform campaign which saw all parties at the 2010 general election making manifesto commitm ...
, have been cited as catalysts for the UK's libel reform campaign, leading to the Defamation Act 2013.


References

{{DEFAULTSORT:Wilmshurst, Peter Living people Year of birth missing (living people) 20th-century British medical doctors 21st-century British medical doctors British cardiologists British medical researchers British whistleblowers