AUTH/3210/6/19: Patient v GlaxoSmithKline — peak flow diary alleged to be out of date (No breach)

📅 2019 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3210/6/19
ComplainantAnonymous, non-contactable individual (described him/herself as an asthma patient)
CompanyGlaxoSmithKline UK Limited
MaterialPeak flow diary (patient support item), ref UK/RESP/0111a/12(2) July 2016
Main allegationMaterial appeared not to have been certified in the last two years; alleged failure to recall out-of-date materials
Certification / recertificationCertified 5 October 2016; recertified 4 October 2018 (no changes required)
GP surgery order detail60 diaries ordered from company website in April 2018
Clauses cited2, 9.1, 14.5
Panel decisionNo breach of the Code
Complaint received20 June 2019
Case completed6 September 2019
AppealNo appeal
PublishedMay 2020 Code of Practice Review
Applicable Code year2019

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Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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What happened

  • An anonymous, non-contactable individual who described him/herself as an asthma patient complained about a GlaxoSmithKline (GSK) peak flow diary given at a named GP surgery.
  • The diary carried a date of preparation “July 2016” (ref UK/RESP/0111a/12(2) July 2016).
  • The complainant alleged the material appeared not to have been certified in the last two years and was surprised GSK did not recall out-of-date materials from GP practices.
  • GSK stated the item was a patient support item for adult patients to monitor peak flow pressure; it was certified for use on 5 October 2016 and recertified on 4 October 2018 with no changes required.
  • GSK explained it did not update the printed “date of preparation” when recertifying without changes, as changing it would require recall/reprint with no benefit.
  • GSK said the GP surgery ordered 60 diaries from the company website in April 2018.
  • GSK also addressed that Asthma UK had changed a telephone number; a voice message redirected callers to the new number and the diary included a current email address.
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Outcome

  • No breach of Clause 14.5 (recertification within two years was evidenced).
  • Consequently, no breach of Clauses 9.1 and 2.
  • Overall: NO BREACH OF THE CODE.
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