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Study Prompts OIG to Call for Further Training of FDA Medical Device Reviewers

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On June 5, 2012, the Office of the Inspector General (“OIG”) published a report entitled, “Executive Summary: Scientific Disagreements Regarding Medical Device Regulatory Decisions.” The Summary, found here, details a study undertaken by the OIG, an office in the Department of Health and Human Services (“HHS”), wherein the Office examined the instances of disagreement that occurred during the medical device review process for the years 2008-2010. In conducting the study the OIG surveyed managers and reviewers from the U.S. Food and Drug Administration’s (“FDA’s”) Center for Devices and Radiological Health (“CDRH”) and asked these individuals to identify the scientific disagreements…
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FDA Expands Use of Device to Detect both Viral and Bacterial Causes of Respiratory Infection

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On May 15, 2012, the U.S. Food and Drug Administration (“FDA”) announced the clearance of expanded uses for the FilmArray Respiratory Panel, a medical device used to detect causes of respiratory infection. Manufactured by Idaho Technology, Inc., the device is cleared for the simultaneous detection of both viral and bacterial causes of respiratory infection. The device was originally cleared by the FDA in 2011 to detect only viral causes of respiratory infection. Now, with the expanded panel, the device is cleared to concurrently detect 17 viruses and three bacteria. The FDA’s regulation of medical devices follows a three-tier approach. Class…
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FDA Publishes Global Engagement Report, Highlighting Efforts Abroad

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On April 23, 2012, the U.S. Food and Drug Administration (“FDA”) released its “Global Engagement Report,” a document detailing the various strategies undertaken by the agency to ensure that FDA-regulated products, including foods, medical devices, drugs, etc., are manufactured under the same quality and safety standards as those produced domestically. Found here, the Engagement Report acknowledges the dramatic increase in importation of FDA-regulated products in recent years. For example, according to the Agency, imported foods have nearly doubled since 2002. The Engagement Report also sets forth the efforts that the FDA is taking to ensure that these products meet federal…
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FDA Proposes Reclassification of Tuberculosis Tests

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On March 16, 2012, the U.S. Food and Drug Administration (“FDA”) announced its issuance of a proposed rule intended to lower the regulatory classification for nucleic acid-based tuberculosis tests. These tests, which are currently classified as Class III medical devices, are used in the detection of tuberculosis (“TB”) from a patient’s mucus (sputum) sample. With this classification downgrade, device sponsors will be able to bring devices to the market with both greater ease and less expense. In addition to the proposed rule, the FDA issued a draft guidance to aid in the transition from Class III to Class II. The…
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