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Women Who Say They Were Sickened by Breast Implants Demand FDA Action: ‘I Was Not Warned.’

Laurie McGinley, Washington Post: March 25, 2019.


Women who say they were harmed by breast implants demanded the Food and Drug Administration take new steps to protect consumers, including providing more information about potential risks and banning devices linked to the most serious complications, including cancer.

Telling searing stories about broken health, disrupted families and lost careers, the women pressed an FDA advisory panel to recommend more long-term research, bans or restrictions on certain products and a beefed-up informed consent process so that women have a clear understanding of the risks and benefits of the devices before they opt for surgery.

“I was not warned” about the risks of implants, Jamee Cook, an advocate and former ER paramedic, told the FDA’s expert committee. Cook, who lives near Dallas, said that after getting implants in 1998, she suffered for years from swollen lymph nodes, chronic fatigue, migraines and a low-grade fever. She said she eventually had the devices removed, after which many, but not all, of her symptoms eased.

The FDA said recently it is taking a closer look at implants, which have sparked anger and contention for decades. The agency asked its General and Plastic Surgery Devices Advisory Committee for recommendations on a raft of issues, and Cook’s testimony was part of a two-day hearing, which continues Tuesday, on the key issues.

Several plastic surgeons pleaded with the panel to proceed carefully, saying that implants generally are safe and an important option for women who want breast augmentation or reconstruction after breast cancer surgery. They said that women’s choices should not be curtailed. About 400,000 women a year get implants, 75 percent for cosmetic reasons and the rest for reconstruction after breast-cancer surgery.

Many of the dozens of patients who attended the meeting at FDA’s headquarters in Silver Spring, Md., wore ribbons to graphically state their concern about two types of illnesses they say are linked to implants. Black and white ribbons symbolized what’s now called “breast implant illness,” a constellation of autoimmune problems that includes joint and muscle pain and allergies and fatigue. Pink and green ribbons signified an uncommon lymphoma that health authorities around the world, including the FDA, link to some implants.

Anastasia Allmendinger, a 53-year-old resident of Newport News, Va., said that she got implants in 2010 and years later was diagnosed with the cancer, called anaplastic large cell lymphoma, or ALCL. She underwent surgery to remove the implants, chemotherapy and a stem-cell transplant, and is now doing well, but said that manufacturers should be held accountable for the illnesses and women should be better informed. Experts say that many patients can be successfully treated only with surgery.

Many of the advocates who spoke on Monday called for a ban on textured implants — the kind most strongly linked to the cancer. There is some evidence the problem could be caused by bacterial infections involving the implants, researchers said.

The FDA has identified 457 cases of the lymphoma and nine deaths in the United States. Six hundred cases and 17 deaths have been reported worldwide.

On the other main illness of concern — the one linked to autoimmune and connective-tissue disease — the FDA and the patient community have long been at odds.

Thousands of women have complained about autoimmune and connective tissue problems on social media but the FDA has repeatedly said that the “weight of evidence” does not show implants cause “systemic” illness.

That opinion was challenged last September, when researchers at MD Anderson Cancer Center found that silicone implants were linked to higher rates of autoimmune disorders such as scleroderma and rheumatoid arthritis than found in the general population. A leading author, Mark Clemens, said the study didn’t prove cause and effect but signaled a reason for concern.

The FDA immediately expressed skepticism, saying the study was flawed. But Binita Ashar, the agency’s director of surgical devices at the FDA’s Center for Devices and Radiological Health, also said the agency is stepping up its long-term surveillance of implants and using patient registries to track complications from the devices.

That view was repeated in the agency’s announcement about the meeting that began Monday. The FDA said that “there is not sufficient evidence to show an association between breast implants and rheumatologic or connective tissue disease diagnoses.” But it added, “there are numerous breast implant patients convening on social media to discuss a wide variety of symptoms that they are experiencing – symptoms which may or may not meet the diagnostic criteria to be categorized as a disease.”

Diana Zuckerman, president of the National Center for Health Research, said in an interview she doesn’t understand “why the FDA seems so close-minded” about the scientific evidence that at least some women have developed autoimmune diseases as a result of their breast implants. “We have always said we don’t know what the percentage is — just that for women who are sick, getting them out makes them better,” she said.

Zuckerman presented data on Monday from a study that her group conducted involving more than 400 women who had their implants removed because they were having health problems. In the vast majority of cases, she said, the women’s health improved. The study has not been published yet. […]

See the original story here.

US Experts: Too Soon to Pull Breast Implants Tied to Cancer

Matthew Perrone, Associated Press: March 25, 2019.


Government medical advisers said Monday it’s too soon to ban a type of breast implant that has recently been linked to a rare form of cancer, saying more information is needed to understand the problem.

The Food and Drug Administration panel didn’t recommend any immediate restrictions on breast implants after a day reviewing the latest research on the risks of the devices, which have been subject to safety concerns for decades.

The FDA has been grappling with how to manage emerging science that shows the implants can trigger a rare form of lymphoma that grows in the scar tissue surrounding the breasts. The agency identified about 450 cases of the cancer worldwide, including 12 deaths. Almost all of the cases involve a type of textured implant that is designed to stop implants from slipping and to minimize scar tissue.

But the majority of the 19 panelists — including plastic surgeons and cancer experts — said it was too soon to remove the products from the market.

“Do we want to get into the situation where we pull one sweetener and the replacement is even worse?” said Karla Ballman, a biostatistician at New York’s Weill Cornell School of Medicine. “I think a knee jerk reaction of just pulling something without knowing what the replacement will be might get us into more trouble.”

Estimates of the frequency of the disease range from 1 in 3,000 women to 1 in 30,000. It grows slowly and can usually be successfully treated by removing the implants. The FDA said it has also received reports of the disease in smooth implants — which account for most of the U.S. market.

Another panelist said a ban on textured implants would be an “extraordinary overreaction.”

But that opinion wasn’t unanimous. The panel’s consumer representative stressed the risk to women who get implants for reconstructive purposes after breast cancer surgery and could face a second cancer.

“I think that’s so much of a risk that they need to be taken off the market,” said Roberta Brummert. Her comments set off cheers from dozens of women who attended the hearing.

In the U.S., roughly 400,000 women get breast implants each year; 100,000 women get them after cancer surgery.

On Tuesday, the same FDA panel will make recommendations on studying and defining the risks of long-term chronic conditions with breast implants. Thousands of women have blamed their implants for a host of other chronic ailments, including rheumatoid arthritis, chronic fatigue and muscle pain.

Patients and advocates have used the recent scrutiny to call for new warnings and restrictions on implants.

“Don’t ignore us. We are real,” said Holly Davis, of Charleston, South Carolina.

Davis, 60, said she experienced chronic pain, hair loss, rashes and memory loss after receiving silicone gel-filled implants following a double mastectomy in 2002. Davis said she learned her implants had ruptured when they were removed in 2017; her symptoms have since resolved.

She and other patients want the FDA to require manufacturers to give standardized risk disclosure information to all women considering implants.

“We need to know what we’re signing up for — it can’t be a surprise down the road,” Davis said.

In the U.S., most women choose silicone implants, which are considered more natural looking than saline implants. Both types have a silicone outer shell.

The panelists also heard from researchers who theorize, based in part on animal studies, that silicone that leaks from implants can trigger or exacerbate immune system disorders in certain patients.

In 1992, the FDA temporarily pulled silicone gel implants from the market because of fears they might cause breast cancer, lupus and other disorders. But when studies seemed to rule out most of the disease concern, regulators returned them to the market in 2006.

But critics of that research noted its shortcomings at Monday’s meeting.

“The studies at that time were not very good and did not have the statistical power to determine rare diseases,” said Diana Zuckerman, president of the nonprofit, National Center for Health Research, which published an analysis of more than 20 breast implant studies last year. The group concluded that virtually all were too small or too short or didn’t focus on patients who had their implants long enough to develop problems.

The FDA says on its website there is no “apparent association” between breast implants and chronic, debilitating diseases, such as connective tissue disease.

However, earlier this month, the FDA appeared to signal a shift in its thinking. The agency said it would begin studying whether certain materials used in breast implants, metal hips and other devices can trigger health problems in patients.

“We believe the current evidence, although limited, suggests some individuals may be predisposed to develop an immune-inflammatory reaction when exposed to select materials,” the agency said in a statement.

 

See the original article here.

FDA Takes Hard Look at Breast Implant Safety Amid Fresh Cancer Fears

Maria Rachal, MedTech Dive: March 21, 2019.


When FDA Commissioner Scott Gottlieb and device center chief Jeff Shuren teased next week’s advisory panel tackling breast implant safety, it was tucked into a broader communication on postmarket safety efforts.

But in the four months since, FDA and a domino line of regulators and scientists have flagged upticks in known cases of breast implant associated anaplastic large cell lymphoma. The form of non-Hodgkin lymphoma has been traced to at least nine U.S. deaths. And University of Southern California plastic surgeons published the first known case of similar disease in a recipient of buttocks implants.

Last week, FDA announced an initiative to scrutinize device materials’ biocompatibility, including in the case of silicone breast implants, pointing to potential harmful autoimmune reactions to the devices.

With days before the two-day meeting, the FDA chided Sientra and Johnson & Johnson-owned Mentor for not adequately meeting post-approval study standards, citing low recruitment and poor data and follow-up rates. The only other market competitors are Allergan, whose textured breast implants lost CE marking last December, and privately held Ideal Implant, the newest entrant to the U.S. market.

The FDA is expected to release background materials and specific panel questions prior to the March 25-26 meeting, but none were published as of late Thursday morning ahead of what appears to be at least the eighth advisory committee meeting on breast implants since 1991, according to an agency timeline.

The agenda Monday is set to focus on BIA-ALCL, and Tuesday slated for discussion of everything else: use of MRI screening for silent rupture of silicone gel filled breast implants, surgical mesh in procedures like breast reconstruction and mastopexy, registries for postmarket surveillance, and real-world data and patient perspectives in regulatory decision making.

Here are some facts to know before the meeting.

[…]

What the Watchdogs Say

The panel could follow in the footsteps of those who weighed in on Essure, who advocated for better informed consent for patients; FDA ultimately issued the product a “black box warning,” which is reserved for calling out serious or life-threatening risks on a package’s label.

Madris Tomes, a former program manager at FDA who now analyzes adverse event data through her company Device Events, said the black box warning was not effective for patients in the case of Essure, and probably wouldn’t make a significant difference for potential breast implant recipients either.

“The patient won’t see a black box warning because they don’t see the box for the [product] that’s going to be implanted in them,” she said.

National Center for Health Research President Diana Zuckerman agreed that a black box is possible, and while FDA rarely recalls devices and already oversaw a long moratorium in this device category, she said a partial market removal of textured implants in particular wouldn’t be unheard of.

Tomes and Zuckerman think the benefit of registries is overstated, too.

“[The data] are not available to the typical doctor, and that’s not going to help with identification of autoimmune issues,” Tomes said. “Plastic surgeons are the ones using those registries, not rheumatologists and immunologists and family doctors.”

Zuckerman echoed those concerns.

“The data are not publicly available unless the American Society of Plastic Surgeons chooses to make it available,” Zuckerman said. “That’s a problem because of potential conflicts of interest that might result in not publishing results that are detrimental to ASPS.”

This is a greatly shortened version of the article.  To read the entire article in MedTech Dive, see here.

FDA Slams Breast Implant Makers in Warning Letters Days Before Federal Hearing that Could Ban Them from the US Market

Mia de Graff, The Daily Mail: March 20, 2019.


Days before a hearing on breast implant safety, US regulators have sent warning letters to two of the top implant manufacturers involved.

In the letters, the US Food and Drug Administration reprimanded Mentor and Sientra for historically failing to complete the safety studies required for medical devices to stay on the market.

If the firms do not have completed data within 15 days, the FDA warned, their blockbuster silicone implants could be pulled from the market.

The warning is a gesture to patients that the FDA intends to be firm with breast implant manufacturers, whose products have stayed on the market for years without adequate safety data, despite ranking in the highest-risk bracket for medical devices.

It comes amid global concerns over the safety of silicone breast implants, which have been officially linked to cancer of the immune system, and are alleged to cause autoimmune disorders.

Dr Diana Zuckerman, president of the National Center for Health Research, said the letters were ‘surprising but encouraging’ for US patients. 

‘I was surprised, but this is not the first time that the FDA has sent warning letters to implant companies that they are not complying with their research requirements,’ Dr Zuckerman, a scientist who studies patient data and health after years in Congress overseeing committees on medical devices, told DailyMail.com. 

‘The important question is what the impact of those letters will be. Will the letters scare the companies enough that they improve their research? If not, will the FDA rescind approval of their products? 

‘The FDA has never rescinded approval of a device in those circumstances, and as long as FDA doesn’t follow through on their threats, the companies don’t have an incentive to improve their research.

‘And if the research isn’t improved, patients will still lack the information they need to make informed medical decisions.’ 

The US banned silicone implants in 1992, after 10 years of pushing industry for safety data to no avail.

But companies immediately mounted plans to get the incredibly lucrative product back into the most lucrative market.

Conferring with the FDA, they were able to keep administering the products to women in the US for the purpose of research.

The firms presented their data in 2004, but the FDA rejected their application as poor in quality. Seventy-five percent of women dropped out of the Mentor trial before their first follow-up.

In 2006, firms submitted three years of data – far less than the 10 years required – and the FDA conceded, on the grounds that companies engage in rigorous 10-year studies including at least 40,000 women.

Specifically, the FDA wanted to know the risks of rupture, leaks, scars contracting, difficulties performing mammograms around implants, links to lupus, and links to cancer.

To this date, nobody has seen complete data from those studies the firms promised to complete.

Until 2011, these gaps in data were dismissed as a work in progress.

But then the FDA, alongside regulators around the world, published a statement saying there is strong evidence silicone breast implants are linked to BIA-ALCL, a rare cancer of the immune system.

Since, thousands of women have reported autoimmune reactions, ruptures, scars contracting, and cancer.

Earlier this year, the FDA published data showing nine women have died and 457 have contracted BIA-ALCL related to breast implants.

The hearing on Monday and Tuesday is a bid to interrogate all of the major players in the market, amid pressure from researchers, patient groups, and other regulators around the world (France, for example, has banned Allergan’s silicone implants).

The letters sent out to Mentor and Sientra focused on two products in particular.

See the original story here.

FDA Issues Warning to Two Breast Implant Makers

Lauren Dunn, NBC News: March 19, 2019.


Less than a week before a major hearing on breast implant safety, the FDA issued two warning letters to implant manufacturers, citing their failure to do proper safety studies.

The letters sent to Mentor and Sientra warned that certain implants could be pulled off the market if the companies didn’t fulfill the agency’s requirements, which ask that manufacturers continue safety studies even after the devices are approved.

 “Post-approval requirements are critical to ensuring the safety and effectiveness of the medical products we regulate and we’ll continue to hold manufacturers accountable when they fail to fulfill these obligations,” FDA Commissioner Dr. Scott Gottlieb said in a statement.

According to the letters, Mentor failed to enroll enough people in these studies. Sientra had poor follow-up rates.

“The FDA has the authority to say you either have to study it or take off the market and the company has the incentive to do one or the other,” Diana Zuckerman, president of the National Center for Health Research, told NBC News.

Zuckerman also called the letters “surprising but encouraging,” and questioned whether the FDA would take action if the companies failed to comply with the warning letters.

“You can’t assume that just because they sent the warning letter, it’s anything more than the FDA flexing their muscles,” Zuckerman said. “If the companies don’t get scared enough to comply, the big question is whether the FDA will follow through.”

In a statement to NBC News, Mentor, said it had made “multiple attempts” to discuss study requirements for its MemoryShape breast implants with the FDA.

Reports of Breast Implant Illnesses Prompt Federal Review

Denise Grady and Roni Caryn Rabin, New York Times: March 19, 2019.


Reports from thousands of women that breast implants are causing problems like debilitating joint pain and fatigue, claims long dismissed by the medical profession, are receiving new attention from the Food and Drug Administration and researchers.

This may be a long-awaited moment of validation for tens of thousands of women who have been brushed off as neurotic, looking to cash in on lawsuits or just victims of chance who coincidentally became ill while having implants.

The F.D.A. has begun to re-examine questions about implant safety that have long been disputed by doctors and implant manufacturers, and that most consumers thought had been resolved a decade or so ago.

Millions of women have implants, which are silicone sacs filled with either salt water or silicone gel, used to enlarge the breasts cosmetically or to rebuild them after a mastectomy for breast cancer.

On Tuesday, the agency warned two makers of breast implants that they had failed to conduct adequate long-term studies of the devices’ effects on women’s health. Those studies were mandated as a condition of approving the implants, and the agency cautioned that the devices could be taken off the market if the research wasn’t properly carried out.

The agency also issued a statement on Friday that applied to a broad array of medical devices, acknowledging that implanted devices may make some people sick. “A growing body of evidence suggests that a small number of patients may have biological responses to certain types of materials in implantable or insertable devices,” the agency said. Those effects can include “inflammatory reactions and tissue changes causing pain and other symptoms that may interfere with their quality of life.”

The F.D.A. said it was gathering information to fill information gaps in the science “to further our understanding of medical device materials and improve the safety of devices for patients.” Silicone, used in implants, is one of the materials under scrutiny.

And next week, the agency will hold a two-day meeting about breast implants, hearing from researchers, patient advocacy groups and manufacturers.

One problem to be discussed is an uncommon cancer of the immune system called anaplastic large cell lymphoma, which has been detected so far in 457 women with breast implants, according to the F.D.A. Removing the implants usually eliminates the disease, but some women have also needed chemotherapy, and 17 deaths from the cancer have been reported worldwide.

Nearly all the lymphoma cases have occurred in women who had implants with a textured surface, rather than a smooth one. Textured implants made by Allergan, a major manufacturer, were taken off the market in Europe in December. Smooth implants are used more often than textured ones in the United States.

Another focus of the conference will be “breast implant illness,” which encompasses disorders that may involve the immune system and can cause muscle pain, fatigue, weakness, cognitive difficulties and other debilitating symptoms. Some ailments fall into a category called connective tissue disease, which includes lupus, rheumatoid arthritis and other serious autoimmune diseases.

The F.D.A. website says the agency “has not detected any association between silicone gel-filled breast implants and connective tissue disease.” But it adds, “In order to rule out these and other complications, studies would need to be larger and longer than these conducted so far.”

The new warnings are of potential concern to millions of women with implants. About 400,000 women in the United States get breast implants every year, including 300,000 for cosmetic reasons and 100,000 for reconstruction after mastectomies performed to treat or prevent breast cancer. Worldwide, about 10 million women have breast implants.

The F.D.A.’s new focus on implants is a testament to the power of patient activism in the age of social media, as sick women frustrated by their doctors’ lack of answers sought information online, found other patients with similar complaints and banded together to demand regulatory action. One Facebook group has nearly 70,000 members, according to its founder, Nicole Daruda, a Vancouver Island woman who felt well when she got implants in 2005 for reconstruction after cancer surgery, but soon became so ill she had to stop working.

Ms. Daruda had them removed in 2013, and said most, but not all, of her symptoms have lessened.

Another patient activist, Jamee Cook, now 41, had implant surgery for cosmetic reasons when she was 21. Over the next few years she developed so many health problems, including fatigue, memory lapses, migraines and numbness in her hands, that she had to quit her job as a paramedic.

After having the implants removed in 2015, she said, her health has improved. Though she still has some bad days, Ms. Cook said, “It’s been like a 180.”

Silicone-filled breast implants were first marketed in the United States in the 1960s. Over the next few decades, reports of illness emerged. In 1992, silicone implants were banned, except for reconstruction after mastectomy or to replace a previous implant, and then only in clinical trials.

A flood of lawsuits followed.

Studies conducted afterward generally found no link to connective tissue disease, but a few did suggest a connection. In 1999, the Institute of Medicine, then part of the National Academy of Sciences, concluded that overall, there was no evidence that breast implants caused connective tissue disease, cancer, immune disorders or other ailments.

In 2006, silicone implants came back on the market. But manufacturers were required to follow large numbers of women for seven to 10 years, as a condition for F.D.A. approval. Deficiencies in the studies have now prompted the agency to send warning letters to two of the four companies approved to market breast implants in the United States.

One warning letter, sent to the manufacturer Sientra, of Santa Barbara, Calif. on Tuesday, said the company had not kept enough patients in its study of an implant approved in 2012, and warned that if the follow-up monitoring did not improve, the agency could withdraw approval of the implant, effectively taking it off the market.

Rosalyn d’Incelli, vice president of clinical and medical affairs for Sientra, said the company tries to retain patients in follow-up studies by compensating them, contacting them several times a year through email, phone calls, letters and postcards, and transferring them to doctors in more convenient locations. But she said that patients’ work obligations, child care, lack of transportation and other issues often present obstacles.

“We are aware of and take this matter seriously,” Ms. D’Incelli said, adding that the company will respond to the F.D.A. about corrective measures it plans to take. “Patient safety, ensuring long-term safety and effectiveness of our devices and complying with F.D.A.’s requirements are our highest priority.”

Its stock price dropped a little more than four percent on the F.D.A. news.

Last September, the Securities and Exchange Commission accused its former chief executive, Hani Zeini, of concealing damaging information about the manufacturer of its implants before closing a $60 million stock offering in 2015. The Brazilian manufacturer had had a certificate of compliance required for selling in the European Union suspended. Sientra said its issue with the S.E.C. had been resolved.

The other letter went to Mentor Worldwide, owned by Johnson & Johnson and based in Irvine, Calif. The F.D.A. said the company had not enrolled enough patients in a study of its MemoryShape implant, approved in 2013, and also threatened to rescind approval for the product. Withdrawing approval for a medical device is time-consuming and rarely occurs.

Mindy Tinsley, a spokeswoman for Mentor, said the company was disappointed by the F.D.A.’s decision to issue a warning letter “despite our good faith efforts to address post-approval study requirements.” She said Mentor notified the FDA last year that it would fall short of study enrollment targets because of changes in consumer preferences, but did not hear back. J&J’s stock remained unaffected on Tuesday.

According to the F.D.A., the other two manufacturers whose breast implants are approved in the United States are Allergan and Ideal Implant, which did not receive warning letters on Tuesday. But their implants have also drawn some illness-related complaints from women.

Plastic surgeons and implant manufacturers often say breast implants are the most intensely studied of all medical devices. But critics and patient advocates say most studies done to date are flawed.

“When plastic surgeons tell women that ‘this is the most studied medical device in the world,’ women assume that means they are proven safe,” said Diana Zuckerman, president of the National Center for Health Research in Washington, D.C., who has been advising advocates for patients with implant-related illness. But, “we still don’t know what percentage of women become seriously ill from their breast implants. We still don’t know why some women get sick right away, some get sick years later and some never get sick.”

Dr. Zuckerman, trained in psychology and epidemiology, will speak at the F.D.A. meeting next week. She wrote a 40-page analysis of breast implant studies, and found that most had not tracked long-term outcomes, or had lost too many participants. In addition, she said, the studies focused only on diseases with specific diagnoses, while ignoring symptoms like joint pain and chronic fatigue. And they were generally too small to detect rare diseases, and were funded by implant manufacturers or plastic surgery associations that had a stake in the outcomes.[…]

See full story here.

NCHR Comment on Management of Cybersecurity in Medical Devices

National Center for Health Research, March 18, 2019


National Center for Health Research Public Common on
Content of Premarket Submissions for Management of Cybersecurity in Medical Devices; Draft Guidance for Industry and Food and Drug Administration Staff; Availability
[FDA-2018-D-3443]

Thank you for the opportunity to provide our views on the draft guidance “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.”

The National Center for Health Research is a nonprofit think tank that conducts, analyzes, and scrutinizes research, policies, and programs on a range of issues related to health and safety.  We do not accept funding from companies that make products that are the subject of our work.

We support FDA’s efforts to update their approach to address growing concerns about cybersecurity risks in medical devices through the premarket submission process.  Software and medical devices have become increasingly interconnected and vulnerable to network-related cybersecurity breaches, which puts patients at risk.  We have several concerns and recommendations to improve the updated guidance.

Justify the intended users, purpose, and value of the Cybersecurity Bill of Materials (CBOM).  The CBOM is defined as “including but not limited to a list of commercial, open source, and off-the-shelf software and hardware components to enable device users (including patients, providers, and healthcare delivery organizations)…to effectively manage their assets, to understand the potential impact of identified vulnerabilities to the device (and the connected system), and to deploy countermeasures to maintain the device’s essential performance.”  We agree that a CBOM that lists device hardware and software that could be vulnerable to cybersecurity breaches will be valuable going forward.  However, the guidance should also more clearly justify the CBOM intended users, purpose, and value:

  • How will the CBOM be helpful to the aforementioned users (particularly patients and providers) who may not have the required technical expertise to leverage this information to better manage their cybersecurity risks?
  • What are potential uses (and users) of the machine-readable format of the CBOM (described in Section B.1.g)? If this includes integration into FDA’s existing medical device databases or with ongoing (or planned) post-market surveillance initiatives, those should be mentioned.

 Explain how digital health cybersecurity that impacts medical devices will be addressed.  In the current document, one of the key criteria that places a medical device in the “higher cybersecurity risk” tier is its ability to connect with “another medical or non-medical product, or to a network, or to the Internet.”  However, many digital health technologies (e.g. clinical decision support, mobile apps, and electronic health records) are already capable of connecting and interacting with networks, as well as with other medical devices.  While recent legislation removed some digital health products from FDA regulatory oversight, cybersecurity attacks make no distinction between these different technologies, all of which play a potential role in patient care or clinical decision-making.1  As a result, guidance should explain how to handle cybersecurity attacks that target medical devices directly as well as indirectly through digital health technologies that could connect to these devices.  If the FDA plans to address digital health cybersecurity through the FDA Software Precertification program or other related initiatives, this should also be included in the guidance document.

Reinforce medical device cybersecurity without sacrificing usability.  The previous (2014) version of the draft guidance stated that “manufacturers should also carefully consider the balance between cybersecurity safeguards and the usability of the device in its intended environment of use,” yet the current draft completely removes the discussion of usability.  Cybersecurity and usability in medical devices are not mutually exclusive.  Indeed, poor product usability is a key problem in healthcare technology today, a source of frustration for healthcare providers, and also has important patient safety implications.2  We therefore strongly recommend reintroducing the usability discussion into the guidance document.

 

References

1         Ronquillo JG, Zuckerman DM.  Software-related recalls of health information technology and other medical devices: Implications for FDA regulation of digital health. Milbank Quarterly. 2017. 95:535–53. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5594275/

2         Ratwani R, Benda N, Hettinger A, et al. Electronic health record vendor adherence to usability certification requirements and testing standards. JAMA. 2015. 314:1070–1. https://jamanetwork.com/journals/jama/fullarticle/2434673

 

 

NCHR Testimony on the Evaluation for High-Risk HPV Detection Devices

Dr. Varuna Srinivasan, MBBS, MPH, National Center for Health Research, March 8th 2019


Thank you for the opportunity to speak today. My name is Dr. Varuna Srinivasan. I am a physician with a Master of Public Health from Johns Hopkins University. I am a Senior Fellow at the National Center for Health Research, which analyzes scientific and medical data to provide objective health information to patients, health professionals, and policymakers.

We do not accept funding from drug and medical device companies, so I have no conflicts of interest.

  1. We would like to start by saying that we agree with the FDA’s evaluation that a clinical endpoint of CIN3+ for a HrHPV test is more meaningful in assessing pre-cancerous lesions. We agree that although the prevalence of these lesions is seen in fewer numbers in the population, recruiting more women for evaluation studies to detect CIN3+ will help maximize resources and prevent overtreatment in the future.  For these reasons, the National Center for Health Research encourages the panel to consider the presence of CIN3+ alone as a positive result and not the combination of CIN2+/CIN3+.
  2. We disagree with the proposed indications for use. As the FDA pointed out, 90% of all HPV clears on its own.  On average, women over 30 tend to have fewer sexual partners and more monogamous relationships than women under 30, and women over 65 have even fewer. That is why the USPSTF recommends co-testing or Pap smears every 5 years for women under 30 years of age.  The FDA proposal to screen all women from 25-60 with the HrHPV test exposes a large population of women to this test unnecessarily.  For that reason, we believe that HR HPV testing should be recommended only for women over the age of 30.1

It is important to keep in mind that Pap smears directly determine the presence of cancerous or precancerous cells in your body. Co-testing can provide the added benefit of identifying high-risk HPV infection and allow for more vigilant follow-up if HPV-16 or HPV-18 is diagnosed.

We respectfully urge the panel today to consider these suggestions while providing their final recommendations.

Thank you.

1 Varuna Srinivasan, MBBS, MPH, Jared Hirschfield, National Center for Health Research. Cervical Cancer Screening Options: What Is Best For You? www.center4research.org. http://www.center4research.org/cervical-cancer-screening-options/


The advisory committee panel deliberated and provided input on specific questions prepared by the FDA to discuss new approaches to the development and evaluation of HR HPV devices. The FDA 24 Hour summary provides information on the topics and questions discussed during this meeting and can be found here

What Does Gottlieb’s Resignation Mean for Medtech?

David Lim, Medtech: March 6, 2019.


Under Gottlieb’s tenure FDA rolled out a number of medical device initiatives, some mandated by the landmark 21st Century Cures Act, such as guidances on breakthrough devices, CLIA waiver improvements and least burdensome device review.

Other policies, such as the agency’s proposal to examine limiting manufacturer reliance on 510(k) predicate devices older than 10 years came in the midst of criticism the agency is too lax in its regulatory oversight.

But Gottlieb often left device decision making to Shuren, a sign he trusted the career staffer to run the show.

“At CDRH, really what he was doing was letting Jeff Shuren do his thing. It was Jeff driving it and Gottlieb giving him permission to do so,” Brad Thompson, a digital software attorney at Epstein Becker & Green, told MedTech Dive.  “I don’t mean to minimize that. There are some commissioners who would have said no, just saying yes to Shuren was significant.”

But Gottlieb was not hands off either. He regularly jointly announced medtech initiatives with Shuren including efforts to stand up a Pre-Cert Program for software as a medical device, which “at least created the impression that Dr. Gottlieb was very involved and proactive” in the device space, according to Jeffrey Shapiro, a device attorney at Hyman, Phelps & McNamara.

“I didn’t see an initiative from the device center that it hadn’t been working on to some extent in the last few years,” Shapiro said. “I don’t see a big change unless the new commissioner somehow has a different set of priorities or ideas about device regulation.”

President of the National Center for Health Research Diana Zuckerman agreed, telling MedTech Dive the true impact of Gottlieb’s exit on the device center will depend on if his replacement “will continue to let Jeff Shuren run the show or want to make changes.”

It’s unclear who will take Gottlieb’s place, but some in industry fear a less conventional, more typical Trump administration candidate. During the last FDA chief search, the rumored nomination of Peter Thiel associate Jim O’Neill, who advocated against mandating companies prove the effectiveness of new products, spooked some.

Bakul Patel, FDA associate center director for digital health, is another CDRH leader who shepherded the Pre-Cert Program from conception to its current proposal. His presence will maintain additional normalcy at CDRH, according to Thompson.

The agency is in the process of collecting feedback on the latest working model for the Pre-Cert Program, which has drawn fire from Democrats and some in industry for potentially overstepping FDA’s statutory authority.

Gottlieb and Shuren also worked together to stand up the National Evaluation System for health Technology (NEST), a real world evidence collection initiative tied to a postmarket surveillance push denoted in the Medical Device Safety Action Plan.

Transparency via social media may also take a hit with exit of Gottlieb, widely considered an effective communicator for FDA with his robust presence on Twitter. ​Twitter-less Shuren has kept a relatively low public profile compared to the commissioner.

“The most immediate change at FDA will no doubt be a radical slow-down in the news flow. Gottlieb is a genius at offering a constant stream of newsy updates, packaging almost any FDA guidance or workshop into a larger more gripping narrative,” Cowen Washington Research Group’s Rick Weissenstein said in a note. “In the absence of the constant, agency-directed messaging, those outside groups could start to reshape the narrative.”

Shuren, who has served as director of CDRH since 2010, has been the source of many of the center’s novel ideas over the past decade. For example, ​he recently co-authored a JAMA Viewpoint article advocating continuing to leverage RWE.

“We anticipate that decentralized network models, such as PCORnet and NEST, although still in their infancy, will emerge as appropriate models to harness the breadth of electronic data generated in health systems,” Shuren jointly wrote.

Abernethy, if appointed, will likely be supportive of the effort, according to Thompson.

Another potential downside for FDA will be a lack of a cheerleader to Congress. Senate HELP Committee Chairman Lamar Alexander, R-Tenn., praised Gottlieb’s time at the agency, noting he has worked closely with Congress and implemented Cures provisions aimed at bringing more medical devices to market faster. Rebecca Wood, who served as FDA chief counsel under Gottlieb, echoed the sentiment to MedTech Dive.

Gottlieb secured a nearly $50 million boost in appropriations for a spate of device and radiological health programs FDA recently received in the February package.

“He was one of the most politically astute commissioners. He knew how to get Congress on his side much more successfully than most FDA commissioners are able to do,” Zuckerman added. “It’s really actually unlikely that his successor will be as good at that.”

 

See the original story here.

NCHR Statement to the Maryland State House Environmental Committee, Artificial Turf

National Center for Health Research, March 1, 2019.


Good afternoon. Thank you for the opportunity to speak today in support of this legislation to restrict the disposal of synthetic turf and turf infill.

I’m Jack Mitchell, director of health policy for the National Center for Health Research. NCHR is a non-profit public health organization which analyzes medical and scientific information to better inform policymakers and the public. We also monitor health-related legislation and explain the implications for patients and consumers. We do not accept funding from any company that makes products we evaluate, so I have no conflicts of interest.

Our organization has been testifying and writing about the dangers of synthetic turf for several years, and we’ve testified before state and local legislative bodies and federal agencies. Our staff has reviewed all publicly available scientific studies pertaining to the health impact of the toxic chemicals which are used in the manufacture of synthetic turf. We’re very concerned about it, and that’s why I’m here today.

Plastic and synthetic rubber are made with different types of hormone-disrupting chemicals, some of which are known to be particularly harmful to growing children. Scientists at NIH have concluded that these chemicals can be threats to health even at low levels. And 20% of the 96 chemicals taken from samples at five different synthetic turf companies were classified as probable carcinogens, according to a 2015 study by Yale University.

Contrary to what is often stated by industry supporters and manufacturers, synthetic turf has not been declared safe by federal authorities. In fact, the EPA and the federal Consumer Product Safety Commission are jointly studying the chemicals used in these products and have not yet finished their analyses. Unfortunately, there are no federal requirements for safety testing of these synthetic turf products before they are sold.

Since independent scientists are convinced that synthetic turf in playgrounds and parks is less safe than grass, the bill before you is especially important. Dumping these used synthetic turf products in unregulated locations, or worse, incinerating them, increases the dangers to all of us, and especially those living near such locations. Requiring a “chain of custody” of those who seek to dispose of these products, as this legislation outlines, is an excellent, common sense public health proposal and should be adopted.

Use of synthetic turf has exploded in recent years, and industry has stated there may be as
many as 12,000 of these fields and parks throughout the country. They each account for
hundreds of tons of construction-like and demolition debris, synthetic rubber and plastic waste, containing an array of toxic chemicals. Additional toxic materials are added every year to these fields, as rain washes some of it into our streams and lawns. These toxic materials belong in controlled waste facilities, not in undisclosed, unregulated dump sites where they can contaminate our air, water and soil.

Please pass this legislation and thank you for addressing this critical public health issue.

Please contact Jack Mitchell, jm@center4research.org, with any questions.