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  • Medical Devices

    • Congratulations to HP&M’s first Principal Medical Device Regulation Expert, Adrienne LenzJanuary 6th, 2022

      Hyman, Phelps & McNamara, P.C. (HP&M) is pleased to announce Adrienne R. Lenz has become its first Principal Medical Device Regulation Expert.  Adrienne joined HPM in September 2017.  In her time with HPM, she has made significant contributions to the firm and its clients. Prior to joining …

    • All Too Few (Two Year Version) or Where Have All the COVID Tests Gone?* A Review of FDA’s PoliciesJanuary 4th, 2022

      As we approach our third year of COVID, one of the major questions from March 2020 eerily echoes today: where are all the COVID tests?  The situation now, of course, is very different and much more favorable than two years ago.  Unlike March 2020, numerous …

    • Assessing the Credibility of Computational Modeling and Simulation in Medical Device SubmissionsJanuary 3rd, 2022

      On December 23, 2021, CDRH released as a draft guidance, Assessing the Credibility of Computational Modeling and Simulation in Medical Device Submissions (Draft Guidance).  Computational modeling and simulation (CM&S) can sometimes be useful to demonstrate the safety and effectiveness of medical devices or incorporated into …

    • HP&M’s Adrienne Lenz to Present on Deciphering New and Proposed Regulatory Guidances for Medical Devices and DiagnosticsDecember 21st, 2021

      Hyman, Phelps & McNamara, P.C. is  pleased to announce that Adrienne Lenz will be speaking on Deciphering New and Proposed Regulatory Guidances For Medical Devices and Diagnostics at the Q1 Productions 4th Annual Life Science Regulatory Intelligence Virtual Event being held January 24-25, 2022.  The …

    • What is Going on with the Pre-Submission Program?December 10th, 2021

      It seems like every other discussion I have these days someone asks, “what is going on with the pre-submission program?”  “I heard CDRH isn’t reviewing pre-submission,” or “I heard FDA is only providing written feedback and not holding meetings.”  So, we thought it was time …

    • HP&M’s Review of New CDRH Submission TrackerDecember 1st, 2021

      Earlier this fall, in accordance with its MDUFA IV commitments, CDRH launched an online platform that allows sponsors to track the status of its submissions.  The platform is called the Customer Collaboration Portal (CCP) and is “a secure, web-based tracker that displays the CDRH progress …

    • HHS Revokes Trump-Administration LDT PolicyNovember 29th, 2021

      On November 15, HHS announced that it was withdrawing the prior administration’s policy that prevented FDA from requiring premarket review of laboratory developed tests (LDTs) without notice and comment rule making.  See the prior post on this policy here.  This statement comes at least six …

    • FDA Issues a Draft Guidance for Content of Premarket Submissions for Device Software FunctionsNovember 23rd, 2021

      Sixteen years after the publication of the Guidance for the Content of Premarket Submissions for Software Contained in Medical Devices issued May 11, 2005, FDA issued a new draft guidance document on November 4, 2021 that describes the recommended documentation that a sponsor should include …

    • Where Are All the OTC Rapid Antigen Tests for COVID? FDA’s Role in Blocking These Tests from the American MarketNovember 19th, 2021

      In England, over‑the‑counter (OTC) rapid antigen tests for COVID are widespread and available at low cost.  In America, these tests are scarce and relatively high‑priced.  Why is that? Background Rapid tests for COVID-19 are fast, inexpensive to manufacture, and a relatively easy method to detect the presence …

    • Submitting a 510(k)? Keep Hoarding Blank CDsNovember 9th, 2021

      FDA introduced electronic copies (eCopies) of 510(k)s in 2013 (see our prior blogs here and here) as a way to reduce the need for submission of paper copies of 510(k)s to the Agency.  An eCopy is an electronic copy of the 510(k) that is comprised …

    • FDA Publishes De Novo Classification Final Rule with Few Changes from the Proposed RuleOctober 26th, 2021

      After 23 years, de novo classification review finally has an implementing regulation! The other major review processes have had their regulations in place for many decades.  The Medical Device Amendments of 1976 created the initial premarket application (PMA) review and 510(k) substantial equivalence review processes.  Only …

    • FDA Issues Unsupported Safety Warning Regarding Surgical Robots for Cancer TreatmentOctober 15th, 2021

      In recent years, for novel robot assisted surgery (RAS) devices, FDA’s Center for Devices and Radiological Health (CDRH) has taken the approach of clearing RAS devices for specific indications for use.  Gone are the days of tool type indications for this type of device.  Rather, …

    • HP&M’s Jeff Shapiro and Serra Schlanger to Present on Advertising and PromotionSeptember 23rd, 2021

      Hyman, Phelps & McNamara, P.C. is pleased to announce that Jeffrey Shapiro and Serra Schlanger will present at this year’s Food and Drug Law Institute virtual Advertising and Promotion for Medical Products Conference on October 13–15.  This conference will analyze the latest regulatory issues related …

    • FDA Wants Your Input on Cybersecurity for Servicing of Medical DevicesAugust 31st, 2021

      On June 17, 2021, FDA has released a discussion paper to discuss cybersecurity issues related to the servicing of medical devices. We have previously posted blogs about FDA’s increasing interest on cybersecurity both in the premarket (see our past blog posts here, here, and here) and the postmarket …

    • DOJ Re-Brands Guidance DocumentsAugust 30th, 2021

      Companies often use rebranding to reposition and refocus their business.  Sometimes they do it with great fanfare; sometimes it is done quietly and incrementally.  The federal government does its own version of rebranding with each change in administration.  Just before the July 4 holiday weekend, …