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  • Medical Devices

    • FDA Finalizes General Wellness GuidanceAugust 4th, 2016

      By Jennifer D. Newberger – On July 29, 2016, FDA finalized its guidance document, General Wellness: Policy for Low Risk Devices. The draft guidance, on which we posted here, was issued in January 2015. The final guidance is nearly identical to the draft, while providing a …

    • UDI: When the Rule is Not EnoughJuly 29th, 2016

      By Jennifer D. Newberger – With less than two months to go before the UDI compliance date for Class II devices, on July 26, 2016, FDA issued a draft guidance related to what would seem to be the most basic of concepts: the form and content …

    • Two New Draft Guidances Outline FDA’s Proposed Approach to Regulatory Oversight of Next Generation Sequencing Diagnostic TestsJuly 24th, 2016

      By McKenzie E. Cato* and Jeff N. Gibbs – As we reported previously (see previous post here), FDA has issued two long-awaited draft guidances on next generation sequencing (NGS) diagnostic tests.  The first, “Use of Standards in FDA Regulatory Oversight of Next Generation Sequencing (NGS)-Based In Vitro …

    • FDA Releases Draft Guidance on Evaluation and Reporting of Age, Race, and Ethnicity Data in Medical Device Clinical StudiesJuly 4th, 2016

      McKenzie E. Cato* and Allyson B. Mullen Many device companies struggle to ensure that the patients enrolled in their clinical studies are representative of the sex, age, race, and ethnic make-up of the U.S. population.  In part, this task is difficult because device clinical studies are …

    • FDA Releases Final Guidance Regarding Biocompatibility Testing for Medical DevicesJune 26th, 2016

      By Allyson B. Mullen –  On June 16, FDA issued the final guidance “Use of International Standard ISO 10993-1, ‘Biological evaluation of medical devices – Part 1: Evaluation and testing within a risk management process.’”  This final guidance replaces the draft guidance issued on April 23, 2013. Biocompatibility …

    • HP&M Seeks Junior to Mid-Level AssociateJune 22nd, 2016

      Hyman, Phelps & McNamara, P.C., the nation’s largest boutique food and drug regulatory law firm, seeks a junior to mid-level associate with substantive experience in medical devices and other areas of food and drug law and regulation to assist with a growing practice.  Strong verbal …

    • FDA Issues Draft Guidance Describing Benefit-Risk Factors Taken Into Account In Post-Market Compliance DecisionsJune 22nd, 2016

      By Allyson B. Mullen –  It is an open secret that at some point in every device company’s life one or more of its devices will likely be out of compliance with the Federal Food, Drug, and Cosmetic Act. That is because the regulatory scheme is …

    • FDA Issues Final Rule Permitting Use of Symbols on Device LabelingJune 16th, 2016

      By Allyson B. Mullen – Symbols have been an accepted part of device labeling outside of the U.S. for many years. In the U.S., however, symbols alone have not been permitted on medical device labeling, with the exception of guidance allowing use of “Rx Only.”  To …

    • FDA Issues Draft Guidance Regarding Dissemination of Patient Information from Medical DevicesJune 14th, 2016

      By Allyson B. Mullen – On June 10, FDA issued the draft guidance, “Dissemination of Patient-Specific Information from Devices by Device Manufacturers.”  At a mere six pages long, this guidance is not tipping the scales by any means, but its few short pages contain some important …

    • FDA, CMS, IDEs, an IA, and an MOU…Hopefully Lead to YES, You’re Covered!June 9th, 2016

      by Jennifer Newberger -  Since September 1995, FDA and CMS have operated under an interagency agreement (IA) regarding Medicare coverage for investigational devices.  That same month, CMS also published a rule that permitted Medicare coverage of certain devices with an approved investigational device exemption (IDE) in place.  …

    • Join Our Team – HP&M Seeks Junior to Mid-Level AssociateJune 6th, 2016

      Hyman, Phelps & McNamara, P.C., the nation’s largest boutique food and drug regulatory law firm, seeks a junior to mid-level associate with substantive experience in medical devices and other areas of food and drug law and regulation to assist with a growing practice.  Strong verbal …

    • Happy 40th Birthday Medical Device Amendments – You’re Officially Over-the-HillMay 26th, 2016

      By Allyson B. Mullen & Jeffrey N. Gibbs – Oh Medical Device Amendments how we love thee. This Saturday marks your 40th birthday.  In light of this momentous occasion, we wanted to wish you a very happy birthday with a blog post all your own.  In 1976, …

    • ACI’s FDA Boot Camp – Medical Devices EditionMay 25th, 2016

      The American Conference Institute (“ACI”) is holding its fourth annual FDA Boot Camp – Medical Devices Edition on Thursday, July 21 to Friday, July 22, 2016 at the InterContinental Chicago Magnificent Mile, Chicago, IL. This year’s program has been revamped to provide both a “basic …

    • FDA Finalizes Postmarket Device Surveillance GuidanceMay 17th, 2016

      By McKenzie E. Cato* & Allyson B. Mullen – On May 16, FDA issued its final guidance document on postmarket surveillance of medical devices, “Postmarket Surveillance Under Section 522 of the Federal Food, Drug, and Cosmetic Act,” approximately five years after issuing the draft guidance. The …

    • FDA Issues Much Anticipated Draft Guidance on Additive Manufactured (“3D-Printed”) DevicesMay 11th, 2016

      By McKenzie E. Cato* & Allyson B. Mullen – On May 10, FDA issued the long-awaited draft guidance, “Technical Considerations for Additive Manufactured Devices.”  In October 2014, FDA held a public workshop on AM devices, “Additive Manufacturing of Medical Devices: An Interactive Discussion on the Technical …