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  • Medical Devices

    • FDA Issues New Draft Guidance for Custom Devices; Some Points Worth HighlightingJanuary 27th, 2014

      By Jeffrey K. Shapiro – FDA has issued a new draft guidance on the custom device exemption.  Comments are due by March 17, 2014.  This schedule puts FDA on track to finalize the guidance by July 9, 2014, as required under section 617 of the Food and …

    • FDA Issues Final Rule Regarding Pediatric Information Required by FDAAAJanuary 13th, 2014

      By Jennifer D. Newberger – On January 10, 2014, FDA issued a final rule amending the PMA regulations to require inclusion of information relating to pediatric subpopulations that suffer from the disease or condition that a device is intended to treat, diagnose, or cure, and the …

    • Booz Allen Hamilton’s Priority Recommendations for Device Review Come as No SurpriseDecember 16th, 2013

      By Jennifer D. Newberger – As part of the Medical Device User Fee Act of 2012 (MDUFA III) Commitment Letter, FDA and the medical device industry agreed to participate in a comprehensive assessment of the medical device review process.  MDUFA III Commitment Letter (April 18, 2012), …

    • CDRH Issues Final Guidance on Research Use Only and Investigational Use Only In Vitro Diagnostics ProductsDecember 3rd, 2013

      By Allyson B. Mullen & Jeffrey N. Gibbs – On November 25, 2013, CDRH issued the Final Guidance “Distribution of In Vitro Diagnostic Products Labeled for Research Use Only or Investigational Use Only: Frequently Asked Questions” (the “RUO Guidance”) (see our previous posts on the draft …

    • Personalized Medicine: FDA Says It Is ReadyNovember 14th, 2013

      By Allyson B. Mullen –  For many individuals, a diagnosis, be it life threatening or chronic, is scary.  However, the trial and error process that can follow the diagnosis in order to find a therapy (e.g., drug, device and/or biologic) that works best for the patient …

    • Trends in Personalized MedicineNovember 10th, 2013

      An article published in the current edition of Regulatory Focus, the flagship publication of the Regulatory Affairs Professionals Society (RAPS), and authored by Hyman, Phelps & McNamara, P.C.’s Alexander J. Varond discusses the recent trends and developments in personalized medicine, including FDA’s current thinking and …

    • The Device Submission eCopy RequirementsNovember 3rd, 2013

      By Allyson B. Mullen – Now that the eCopy program is well underway, it might be a good idea to review how the program works and consider a few of the common pitfalls.  Although nearly a year has passed since the final guidance document for the …

    • CDRH Details Relaxed Data Standard for IDEs for Early Feasibility StudiesOctober 8th, 2013

      By Jay W. Cormier – Notwithstanding the government shutdown, on Tuesday, October 1st, FDA’s Center for Devices and Radiological Health (“CDRH”) issued a final guidance regarding filing for an investigational device exemption (“IDE”) for medical device early feasibility studies.  At the heart of the guidance is that …

    • The Shutdown: An Update on FDA ActivitiesOctober 7th, 2013

      By Kurt R. Karst –       We’re now entering the second week of the shutdown of the federal government (or “the lapse period” as some have called it), and there does not appear to be an end in sight.  In fact, the environment in Washington, D.C. has …

    • Free the FDAAA Hostage!October 7th, 2013

      By Jeffrey K. Shapiro – There has been a lot of talk about hostage taking during the recent federal government budget impasse.  But Congress is not the only one taking hostages in Washington.  The recent draft Medical Device Reporting (MDR) guidance reminds us (pp. 4-5) …

    • As Partial Government Shutdown Kicks In, FDA’s Foods Program Is Hardest HitOctober 1st, 2013

      By Ricardo Carvajal & Kurt R. Karst – According to contingency plans drawn up by the Department of Health and Human Services, 45% of FDA’s nearly 15,000 staff were to be furloughed in the absence of enacted annual appropriations – popularly referred to as a …

    • Mobile Medical Applications: A Thoughtful Guidance Is FinalizedSeptember 26th, 2013

      By Jeffrey K. Shapiro – As everybody has noticed, FDA finalized its guidance on Mobile Medical Applications earlier this week.  We blogged on the draft version here. The final guidance is similar to the draft guidance – but with improved clarity.  Hence, it has expanded from …

    • Keeping Up With CDRH: New Draft SOP for Guidance Documents on Premarket Data Issues (Our 2,000th Post!)September 26th, 2013

      By Allyson B. Mullen – Have you ever heard of an “Immediately in Effect (IIE)” guidance document?  Thanks to a new draft SOP issued by CDRH, you may soon see this new species of guidance on a regular basis. In section 405 of Food and Drug …

    • The Wait is Over: The UDI Rule is Finally HereSeptember 24th, 2013

      By Jennifer D. Newberger – At long last, it is here: FDA has issued the final rule implementing the unique device identifier (UDI) requirements, originally required by the Food and Drug Administration Amendments Act of 2007 (FDAAA) and then again by the Food and Drug …

    • Premature Enforcement of CDRH’s Draft Cybersecurity GuidanceSeptember 12th, 2013

      By Allyson B. Mullen – Earlier this summer, CDRH issued a new Draft Guidance for the Content of Premarket Submissions for Management of Cybersecurity in Medical Devices (the “Draft Guidance”).  We have previously posted on the Draft Guidance here.  As noted in our earlier post, …