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BradRyba's blog / Medical Device / Defending "Zucker-punches" From 510(k) Critic
Defending "Zucker-punches" From 510(k) Critic
25 February, 201025 February, 2010 2 comments Medical Device Medical Device

It seems lately, the thing to do when one fails to achieve their desired result, is cry foul. This can be true whether you're an Olympic ice skater or a health policy leader. This conclusion comes after reading the post from MassDevice interviewing Diana Zuckerman, about the recent FDA meeting reviewing the 510(k) process for clearing medical devices. Diana Zuckerman is the president of the National Research Center for Women & Families. While she and her insititute work towards improving public health, her comments to MassDevice only served to further misrepresent the position of companies within the medical device industry.

 

Regarding attendance at the FDA meeting back on February 18, Zuckerman made the erroneous claim, "I think it was all industry, one patient and me, and on the discussion panel it was industry plus FDA people and me." Looking at the record of speakers, it is clear that the group ranged from physicians, to university professors, private citizens, consultants, and yes...the "industry". The other point to make clear is that this was a public meeting, with no limits on who could attend or register as a speaker. This was not a case of the odds being in favor of the medical device industry. Quite the contrary, the meeting finally gave companies a small opportunity to answer their critics in the media and public sector that want to depict the 510(k) as a "fast track" process.

 

 

As discussed in the meeting, anyone who has filed a 510(k) application knows that it is accompanied by rigorous testing to show safety and efficacy. This was brought up by industry representatives and confirmed Dr. Donna-Bea Tillman, director of the FDA's office of device evaluation who said, "It doesn't mean FDA just sort of rubber stamps the 510(k). In order to demonstrate that [substantial equivalence] we require the submission of testing... a lot of it." These companies document their testing in literally hundreds (sometimes thousands) of pages within their 510(k) applications.

 

Ms. Zuckerman also said she felt that public health concerns were not even addressed at the meeting. In another hyperbole stated by Ms. Zuckerman during the interview she stated, "I did not see one word expressed in terms of concern about public health, not one word," The truth from reviewing the archives and transcripts, is that statements of concern for the patient were brought up over 50 separate times by at least 10 speakers in addition to Zuckerman. The reality is that medical device makers are in business of improving the health and well-being of their patients. They invest hundreds of millions of dollars into research and development to provide the latest technology to improve patient care. This does not mean that problems do not arise, and device makers employ entire departments to work on improving design controls, production QC, and supplier quality management.

 

If you missed it, you can watch the meeting again for yourself, and feel free to comment on your take. While I do share her concerns for the patients on these devices, there is little if any basis for Dr. Zuckerman's allegations about the industry's attitudes. The 510(k) process will need to be addressed, but is not a catch-all or "magic pill" solution, nor was it ever intended to be this. I think that Medtronic CRO Susan Alpert put it best during the meeting in suggesting, "I think we need to be careful as we think through how we're going to change the program that we change it in ways that don't get rid of the good things about the program, but allow the program to evolve."

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  • By Anonymous 154 Days Ago
    0 points    
    I am misquoted several times and would be glad to talk to you about what I said and what I was referring to. For example, I didn't say all the people attending the meeting were from industry -- I would have no way to know where they were from since there was no list of attendees. I said that with just a couple of exceptions, the people speaking during the public comment period were either representing industry or people who are consultants to industry (not necessarily employees of device companies). What was lacking, as I said to the reporter, were people representing consumer groups such as Consumers Union or National Consumer League or AARP, or public health groups such as American Public Health Association. I stand by my view that this would have made for a better meeting with more diversity of comments.

    I agree that of course there were many general statements that device companies care about patients. What I had said was that the industry representatives/consultants/employees did not express concerns about any shortcomings of the 510k process for patients -- their concerns were about shortcomings for manufacturers. In contrast, at FDA meetings on pharmaceuticals, the industry folks admit that sometimes drugs are on the market that are found to be not as safe or effective as had been believed. They are willing to work with consumer groups and FDA to try to prevent that from happening.

    Diana Zuckerman, PhD

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