Cytomedix Inc

 Transcript

December 15, 2005 - 11:00 AM Mountain
Clinical Trial Update
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Cytomedix, Inc.
Conference Call
December 14 2005

Operator:

Thank you. I would like to welcome everyone to this telephone conference. The purpose of this conference call is to discuss the results of the company's audit of the clinical trial data that were announced on December 14th, 2005.

As such, this conference call will include forward‑looking statements as defined in the Private Securities Litigation Reform Act of 1995. The words "believe," "will," "continue," "plan," "expect," "intend," "anticipate," variations of such words, and similar expressions also identify forward‑looking statements but their absence does not mean that the statement is not forward‑looking.

Other than statements of historical fact, forward‑looking statements made in this conference call may include statements about the company's plan for future review of the clinical trial data, anticipated results of this review, possible further studies or trials, progress of and reports of results from other retrospective studies, case studies and patient registries, clinical development plans and product development activities, plans for the FDA submissions and anticipated outcomes or timetables of the FDA reviews.

All forward‑looking statements made during this conference call are made as of this date and Cytomedix undertakes no obligation to publicly update any forward‑looking statement whether as a result of new information, future events or otherwise.

The forward‑looking statements made during this conference call are not guarantees of future performance and are subject to risks and uncertainties that may cause actual results to differ materially from those in the forward‑looking statements.

These risks and uncertainties include the final results of the company's and FDA's review of the clinical trial results and other clinical data that may be available to the company, the accuracy of prior data obtained from retrospective studies, case studies and patient registries; the fact that such data may or may not be indicative of clinical trial results, results from further review of the clinical trial data and clinical trial protocol as well as the prior data obtained from retrospective studies, case studies and patient registries, the results from future studies of patient registries and additional trials if necessary, the company's ability to collect complete and accurate data relating to the products, including complete and audited data from the sites participating in the trial, the impact of the results of the clinical trial upon the company's ability to establish successful partnerships and collaborations with third‑parties, the regulatory approval process in the United States and other countries and future capital requirements, the effect of domestic and foreign legislation affecting the company's products and decisions by the regulatory authorities regarding the company's products, including decisions regarding labeling and other matters that could affect the commercial potential of Cytomedix products, the speed with which regulatory authorities, authorizations, excuse me, pricing approvals and product launches may be achieved, Cytomedix's ability to protect its patents and other intellectual property, the claims and concerns that may arise of its products.  The company's ability to fund operations through defined future periods or ability to obtain outside financing on acceptable terms.

Many of the risks and uncertainties that could cause actual results to differ materially from the forward‑looking statements are described in the periodic reports, proxies and other documents that Cytomedix files with the Securities and Exchange Commission. These documents include but are not limited to the annual report on Form 10‑KSD that was filed on March 31st, 2005, and the quarterly reports on Form 10‑QSB that were filed in May, August and November of 2005.

These periodic reports and other documents filed by SEC by Cytomedix may be viewed and printed at the SEC's website at www.sec.gov. You may also read and copy all reports and other materials filed with the SEC at the SEC's public reference room at 450 Fifth Street Northwest, Washington D.C. 20549.

I'll now turn this over to Dr. Kshitij Mohan, Chairman and Chief Executive Officer of Cytomedix.

Thank you.  You may now begin.

Kshitij Mohan ‑ Cytomedix, Inc. ‑ Chairman, CEO:

Thank you very much. I'm very pleased to be here to share my thoughts with you and answer any questions related to the press release we issued yesterday regarding our prospective randomized blinded and controlled clinical trial using AutoloGel technology for treatment of diabetic foot ulcers. This trial has been approved by the FDA under an investigationnal device exemption in March of 2004, at which time an external contract research organization had been hired by the previous management to monitor the trials.

Some preliminary results of the trial were available in September 2005 and were made public. These showed good healing rates using our product but unexpectedly high rates of healing in the control group in which an alternative treatment was used.

The results did not meet our expectations that were based on other data and experiences with the AutoloGel technology. Those concerns the complexity of the clinical protocol in other factors, not related to the performance of the product may have caused the inconsistencies between our past experiences with our technology and the preliminary clinical trial data.

We, therefore, undertook an independent and comprehensive audit by a former FDA manager with over 20 years of experience in auditing clinical trial centers and results. And based on this independent audit and our own in‑depth review of the data we arrived at the results that we published yesterday in our press release.

The audit process that we went through consisted of a review of the clinical data submitted by the participating centers on each patient enrolled in the study and the patient's medical records to confirm that the patient indeed met the inclusion criteria in the study protocol, and that the treatment that was provided was consistent with the protocol. During the audit process, the independent auditor was kept blinded regarding whether a patient was treated with AutoloGel or with the controlled treatment.

The audit was conducted in compliance with the well‑known guidelines for good clinical practices issued by the International Committee on Harmonization, which are the gold standards for the conduct of clinical trials and are endorsed by the U.S. FDA.

The independent auditor conducted audits of the participating centers and their records to check the source documents such as patient charts and to reconcile any discrepancies and errors where material errors were verified and documented, based on objective measures and criteria, the patient data was excluded from the analysis.

In each case, the documentation and rationale for excluding each patient was noted and is maintained to support the decision. It should be emphasized that the decision to exclude data patients or centers was made either on objective measures, such as a wound size that may have been larger or smaller than the sizes allowed by the protocol, or on material violations of the protocol that could not be reconciled.

After the conclusion of the audit, it was documented that 32 of the 72 patients who were enrolled in the trial met one or more of a set of objective criteria that required them to be excluded from the trial, such as:  Their initial wound sizes were larger or smaller than those allowed in the study. Their recorded treatment violated the protocol, or they dropped out of the study for reasons not related to the product or the treatment.

The results on the remaining 40 patients were then analyzed. Of these 40 patients, we discovered that 35 of them, that is, 88% of them, had initial wound sizes of less than or equal to seven square centimeters in area and two cubic centimeters in volume.

In these 35 patients with the most common wound sizes in the study, the rate for total healing defined as full wound closure, this rate using AutoloGel was 81.3%, while the rate in the controlled group was 42.1%, and this difference of about 39% is clearly statistically significant with the p‑value of 0.036.

In general, p‑values of less than or equal to 0.05 denote statistical significance.

For all patients who were in compliance with the protocol, that is all the 40 patients, the healing rates were:  68.4% for AutoloGel and 42.9% for the control group, and this difference of 26% was almost statistically significant with a p‑value of 0.125.

It should also be noted that the control group was not treated with a placebo or a sham, but rather with an alternative wound treatment, a saline gel cleared by the FDA. Public healing rates for control groups in the past wound studies had been in the 20 to 30% range, and we had assumed originally that that would be the case in the study as well.

The important point here is the high rates of healing at 81% for the most common wound sizes in the study and of 68.4% for all wound sizes, and these rates are higher than any other product or wound healing that we know of.

We believe that the high rate of healing with AutoloGel compared to other marketed product gives our product a significant competitive advantage.

Equally important is that there were no unanticipated serious adverse events related to the product and the clinical trial and in independent data safety monitoring board or a DSMB that had provided oversight on patient safety in the clinical trial has not raised any pending safety concerns.

We're now in the process of completing the analysis of some of the other secondary safety and effectiveness parameters of the clinical trial, and that may be needed by FDA in their review.

We plan to make a submission in the first quarter of next year to FDA based on our clinical trial results as well as some other recently completed, fairly compelling data from a wound registry which is proprietary to another organization. Our regulatory strategy for such a submission is based on our product having been categorized as a medical device, rather than as a drug or a biologic.

So even though the Center for Biologics Evaluation and Research, CBER for short, is the regulating FDA component, the applicable laws and regulations are those that are applicable for medical devices.

Under these regulations, one of the most common pathways for products like ours has been the 5‑10‑K process in which one shows substantial equivalence of the safety and effectiveness of a product or currently marketed product by a predicate.

Now, this process typically takes three to six months, though it can take longer in the individual cases.

Now our regular pathway, whether this is the process that FDA will accept and timetables for it will become clearer only after further discussions with the agency.

Now that we have our clinical trial results, we will complete our pharmacoeconomic study, which is a study of both costs and benefits of a technology or a product to ascertain whether it is cost‑effective.

Such studies are useful in making a case for reimbursement by pairs, such as Medicare and insurance companies.

Once we complete this study, we will then initiate discussions with the center for Medicare and Medicaid services regarding coverage for Medicare reimbursement and also make appropriate submissions. We will proceed with these efforts simultaneously with the FDA process, though an eventual coverage decision is likely to come after FDA clearance.

Now, even though in this telephone conference we have been focusing on clinical trial results and regulatory clearances for marketing and reimbursement, it is important to remind everyone that we are continuing to implement the other aspects of our strategies as well, namely, extracting economic value from our intellectual properties and building up our phase and marketing capabilities. Even in these last three months while we've been busy auditing our clinical trial results, we have finalized two significant licensing arrangements. One with Cobe Cardiovascular, a subsidiary of Sorren Group of Italy and another with Safe Blood Technologies. We've also signed a distribution agreement with National Wound Therapies of Dallas, Texas to use our products in over 1750 long term skilled nursing facilities covering about 200,000 beds.

We will continue to pursue other similar opportunities, even while we push forward with our regulatory and reimbursement efforts.

So in summary, we believe that with these latest clinical trial results we have delivered fully on the most critical of our operational strategies and on others important to the company's profitability.

And we have done it within the time frames that we had envisioned over a year ago, and with less financial resources applied to this effort than we had expected.

Within the last 18 months, we have met several milestones. Despite the operational challenges in implementing a complex clinical trial protocol that was already in place, we have completed it with favorable results and believe that we are on the right course to achieve our regulatory goals.

We have prevailed through winning or settling all patent infringement suits and we have signed six significant licensing agreements. Thereby, in effect, putting to bed the patent infringement issue.

We have established a new governance structure for the company, an outstanding board of directors, and an experienced management team that has proven its ability to overcome challenges.

We have managed our cash well. In the second quarter of 2004 we believed we had enough cash for a year. In our last 10‑Q, as of September 30th, 2005, we also believed that we had enough cash to last us for a year. We were also pleased to note that our revenues in the third quarter of 2005 grew by about 86% over the comparable period of the prior year, which was a direct result of our licensing deals.

And there has been no additional financing since March 2004.

The company remains debt free, and finally we have accomplished all this with a staff of 12 people. We believe, therefore, that we can face our future challenges with confidence. Thank you. And I will be happy to take questions at this time.

Operator:

Thank you. (Caller instructions) our first question comes from Raymond Meyers with Emerging Growth Equity.

<Q>:  Yes, thank you for taking the question and congratulations. Looks like good results.

<A>:  Thank you.

<Q>:  Thank you. First question is about HCFA Rule 314. I understand it's a fairly new HCFA rule that creates penalties for nursing homes that do not address chronic nonhealing wounds and that the regulatory agencies have increased their pressure upon nursing homes to address these wounds. It would seem like that would really play into Cytomedix's hands. What more can you tell us about that?

<A>:  Yes, that rule I think will certainly help us and probably also explains the heightened interest that we have observed in that community regarding finding the right technologies which are both effective and cost‑effective within the reimbursement structure for nursing homes. So we are very pleased with this development.

<Q>:  Good. We'll take whatever support we can get.

Also, this registry you mentioned you had some favorable data I think from another organization's registry, which certainly piques our interest. Can you tell us more about that? 

<A>:  I'm yearning to tell you more about this, but we do have to respect the other organization's proprietary rights to it. They have allowed us to use it in submissions, et cetera, but we are limited in what we can discuss about that data, except to say that it is supportive and fairly compelling data.

<Q>:  Then that kind of brings up, I don't know if it's a bit of a conundrum that we all have about the data. Is on the one hand the FDA would like to have these controlled clinical trials to determine whether these treatments are effective, but in the wound care business, we understand that in real life wound care is not done in a controlled manner. Often especially in geriatric cases the patients are not receiving the absolute best medical care that might be available if you had unlimited funds. And, therefore, the control of your clinical study is far better care than what the patients are receiving in real life. And therefore a patient registry or some form of example that would explain how these patients are doing in real life care should be an important decision factor in the approval of AutoloGel. Is that something that you believe the FDA will put much weight in their decision? 

<A>:  Yes. This is a point that we'll be definitely emphasizing to FDA. And you know for medical devices, double blinded well controlled clinical trials are not always the only tool available. I mean you can't do a blinded trial on hips or whatever or artificial [indiscernible] or whatsoever. So as the nature of the devices the surroundings in which they're given, et cetera, just resorting to only data from well controlled trials is not the only part of valid scientific evidence which is defined in the law that governs medical devices in a much more broad setting than it is very frankly in the area of drugs or biologics.

<Q>:  What of this assertion that it's actually true that your treatment is shown to be at least as effective as any other approved treatment in their own clinical trials. Now granted they weren't compared head to head. But how much does that factor do you believe into the FDA's ultimate decision? 

<A>:  I think it should factor in and again those are exactly the points that we will be making as emphatically as we can to the FDA, because the FDA approval process, let's at least take 1 process, the five 10‑K process. That's a comparative process with other similar devices, similar in technology, similar in the indications for which they're used. And you have to show substantial equivalents with what is currently marketed.

So some of these technologies that are out there we can compare our results to and as I said we have not found any that we have information on in which we see these kinds of results as high a set of results as we have here.

<Q>:  What about the pharmacokinetic study that you mentioned during your remarks. Explain where that stands and when you expect to complete it.

<A>:  We have hired a company that does pharmacoeconomic studies here in Washington as a living. They've got some experts who have taught in places like imminent universities et cetera on health economics. These studies look at two things, one, of course, all the costs, hard costs of the device, the cost of the treatment and even some consequential costs to society as a whole. They also look at what the benefit is and try to create an equation for cost benefit as being the rationale for any payor to reimburse for this. So the idea is if you can help patients and you can do it in a cost‑effective way, because, after all, the government has only a certain amount of money to spend on healthcare, then you deserve to be reimbursed by Medicare or CMS, the Centers For Medicare and Medicaid Services. Similar thinking goes through any payor whether it be a private insurer or someone else.

<Q>:  When do you expect that to be complete? 

<A>:  We have already been working on that for several months. So the economics part of the study is almost done, but of course you have to now weigh that against what the clinical benefit of our product is and that was not as clearly apparent until we had this clinical trial results out. So now that we have that, we have both the enumerator and the denominator in the equation, with the costs and the clinical benefits, and so I would take that it would be done in a fairly reasonable amount of time, sometime within the first quarter.

<Q>:  Good. Final question. Thinking pragmatically, you've learned a lot from this study that you've done, and maybe you've learned how to, if you had too it again, I understand it was not a particularly long study, particularly if you did have to repeat part of it. You have the centers already identified. You know which ones performed the procedure properly and which ones did not, the procedure that, the centers that did it properly presumably had very good results with it, so I don't imagine recruitment at those centers would be difficult. And I would imagine their performance would be similarly strong as it was in the first time around.

So repeating the study would not be that did you feel or time‑consuming for Cytomedixes. Is that a fall back position that you've considered.

<A>:  It is. That of course becomes an extreme situation, repeating the whole study is a very extreme situation, even less than that if one needed a few more patients, et cetera, that could be done sooner. However, we are counting on, and we really believe and we'll be arguing our case with the FDA, that what we currently have in the study as well as the other data, if you look at the standard that FDA uses in the area of medical devices for other similar products, what we have we believe should be adequate.

<Q>:  We hope so too. Congratulations again and good luck.

<A>:  Thank you very much.

Operator:

Our next question is from Gordon Mayors with Smith Barney.

<Q>:  How are you doing? 

<A>:  Yes, sir.

<Q>:  I was curious if you could more clearly lay out the time frames over the next six to 12 months of things we should be looking for from the company, FDA, submissions, CMS submissions, things of that nature.

<A>:  Yes, I think as we go to FDA, when we do make a submission to FDA, I think we will let you all know. Our philosophy is to put out more information rather than less for our shareholders. So we will let you know when we do that. If there's something interesting really material that comes out of our discussions, we will make those things available. The submissions we expect would be to the FDA would be within the first quarter. When in the first quarter depends on discussions that are still ongoing with the FDA experts and others to figure out when the right timing would be and how much, for example, prediscussions one should have with the FDA before one puts the submission in.

So it's not being held up because we can't put the application together.

So the timetables are submissions, first quarter and then depending what those submissions are, sometime in the second half of the year getting some results out of approvals from the FDA and simultaneously with that going in with CMS and trying to work that system as well.

<Q>:  How long do you anticipate that process to take? 

<A>:  That's a very interesting question. I wish I could have a clearer simpler answer for that. In the FDA there's statutory time frames for them to get things done. They take a little longer, et cetera but you have a frame of reference. We don't have that kind of frame of reference with the CMS. So we can't make a definitive kind of a conclusion, but as we discuss with CMS, the timetables and those kinds of facts will emerge during our discussions.

<Q>:  Will the fact that this company Blue Sky Medical got the same reimbursement code as Connect Concepts help you along quicker? 

<A>:  I think as the CMS realizes that this area of wound care is a large clinical need and is not as fully met with as great a clinical or cost‑effectiveness as it can be, good public policy would dictate that they allow other technologies like ours to enter the marketplace sooner and provide that advantage to Medicare patients.

<Q>:  Well, thank you and keep up the great work.

<A>:  Thank you so much.

Operator:

Our next question is from Mitch Lester with Lester Brothers Capital.

<Q>:  Congratulations on the test results again, doctor.

<A>:  Thank you.

<Q>:  I want to take a step backwards just to understand something. When the original trial was set up, was the precise wound size dictated to all clinicians, what size of wound size the group had to demonstrate? 

<A>:  Yes, it was.

<Q>:  So when the initial results came back that were less favorable, when you went through the data, you realized then that perhaps something was amiss based on your own internal results, ergo you then hire the third‑party FDA auditor to go back and make sure that the trials were run properly? 

<A>:  Yes.

<Q>:  When you went back and you did that, you found out that people that had larger wound size than was the trial were let in. When they were then removed you then got the favorable result? 

<A>:  That is correct.

<Q>:  Was that the only thing that they were looking at?  Meaning is there a possibility that other elements of the trial, if those things weren't adhered to, that other parts of the trial were not adhered to? 

<A>:  Yeah, we didn't look at only that aspect. We looked at ‑‑ our auditors and our staff, because after the trial was unblinded, we had access to some of that information and even got some of the records faxed and so on. So we looked at all aspects of the trial where a protocol might have been violated in a material fashion.

And there were other things also. So it was not only the size of the wounds. Moreover, there were some patients who dropped out of the trial for a variety of reasons.

You know, some died or other causes not related to the product or had other social conditions in terms of moving out of an area and things like that.

So we looked at all those records that we could to determine whether the patients had followed and completed the trial according to the protocol.

<Q>:  Thank you for that clarity. As a follow‑up to that, the wound size that you dictated that the trial should have, was the reason that that size was picked is that that that's the most common size of the diabetic wound universe? 

<A>:  The wound sizes originally were picked in consultation with FDA and the rational was if the wound is too small, then maybe it might heal without intervention anyway. So the very small wounds were excluded.

If the wound was so large that there was no chance that it could be healed by any less severe methodology like ours, then those kinds of wounds were eliminated. So that was as a result of discussions before and during the trial with FDA.

<Q>:  Lastly, actually I have two questions. Once the reordered a trial then yielded a universe of 40 patients. Being that you have FDA experience and people on your board of directors have FDA, former FDA experience, is a universe with 40 patients large enough to get an approval from the FDA in the area of medical technology products? 

<A>:  A very good question. And you can look at it both ways. You know, any universe or any n or size of the cohort, as you call it, needs to be such that it can detect the effect that you are trying to test.

We were fortunate that our effect, the beneficial effect was so dramatic that even with an N of 40, we were able to show for most patients or most wound sizes in a statistically significant fashion, clearly statistically significant fashion. So therefore by definition the size of 40 as an end was adequate.

I'd also like to point out, though, that it's not only this trial data but as I mentioned we've got other.

<Q>:  The registry.

<A>:  Registry data, et cetera, and all that constitutes the thrust of our argument to FDA for approval.

<Q>:  One other thing. I know you've only just retained this firm in Washington to do the pharmaeconomic study for cost‑efficiency, but currently if I'm a nursing home operator and I have these type of wounds that the study was doing, what is my cost as an operator with the conventional treatments that are available right now approximately on a per annum basis? 

<A>:  I don't have those numbers. All I can say is that this very large group of nursing homes, this consortium, National Wound Therapies, with which we had a licensing done recently, felt that the reimbursement scheme for nursing homes and the economics are such that our product makes a lot of sense for them.

<Q>:  Okay.

<A>:  By the way, the pharmacoeconomic study was thought of several months ago, actually the middle of last year because we hired that firm early and they have gotten a lot of the work done. We were only waiting for the clinical trial results.

<Q>:  One of your other questioners mentioned this new HCFA Rule 314.  You discussed it a little bit.  Can you elaborate on that.  Is that a new rule that's mandating that nursing home and assisted living operators where they have patients that have these type of wounds must address it or suffer penalty and fines?  Is that what the nature of that rule is? 

<A>:  You know, I have to confess that I don't have the nuances of that rule at my fingertips right now. We have heard about it and we've seen it but we haven't analyzed it at this point.

<Q>:  Okay. Thank you again and congratulations.

<A>:  Thank you.

Operator:

Our next question is from Sade Karovach with DSCC.

<Q>:  Hi.  I guess ‑‑ I'm an investor and I had a question. What is, and if you have the numbers, what is the current market size for the nonhealing chronic wounds product and how much do you expect that AutoloGel can capture? 

<A>:  You know, chronic wounds in the United States, number of the order of 5 million cases a year. Just in diabetic foot ulcers, you know, the numbers again I do have those numbers, I don't have them right in front of me over here, but the number for the market run in the billions very frankly. So even if we were wrong by a factor of four or five or eight, it is still a huge market and very attractive and even if we got a small piece of it for a company like ours, it would be a very attractive opportunity. Note also that we have the seminal patents in this area which we have licensed to companies all the way from J&J and Medtronic to what I call, for example, Sorren Group, et cetera, so we get a piece of the pie no matter who is selling that area.

<Q>:  Very good. Thank you.

Operator:

Once again, if you would like to ask a question, please press star 1 on your telephone keypad. Our next question is from Bill Cross private investor.

<Q>:  Thank you for taking my call, Dr. Mohan, and congratulations on the great clinical trial results.

<A>:  Thank you very much.

<Q>:  My question is dealing with timing. I understand we have a difference, statistical difference in wound closure. But my question is in the amount of time it takes for the wound closure, is there a significant difference between the saline as versus AutoloGel in time to heal a wound.

<A>:  Excellent question.  And as I said there's some secondary end points that we're completing the analysis on right now in order to make a submission to FDA. And we'll have more definite information on that shortly.

<Q>:  Very fine. I look forward to reviewing the results.

<A>:  Thank you.

Operator:

Doctor, I'm showing no further questions in queue at this time.

Kshitij Mohan ‑ Cytomedix, Inc. ‑ Chairman, CEO:

Very good. Well I would like to thank everyone for not only attending this, I would particularly like to thank all of you who have shown great patients and understanding for us as individuals and as a company during the somewhat turbulent times that we went through in the last few months. Thank you very much.

Operator:

This concludes today's conference. Thank you for your participation. You may disconnect your lines at this time.