Regulatory Open Forum

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  • 1.  Study Risk Determination Requests

    Posted 13-Dec-2014 16:25
    Has anyone had direct experience with making a Study Risk Determination Request under the CDRH Pre-Submission Feedback Program?  There is no specific time frame for response listed in the guidance, so I am particularly interested to know long the process is actually taking.  

    Thanks in advance for the help!

    Cheers,
    Melissa

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    Melissa Walker RAC
    President & CTO
    Graematter, Inc.
    Saint Louis MO
    United States
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  • 2.  RE: Study Risk Determination Requests

    Posted 13-Dec-2014 18:26
    Melissa,

    Greetings!

    60-120 days from the date of submission!

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  • 3.  RE: Study Risk Determination Requests

    Posted 14-Dec-2014 01:48
    Melissa and David,

    I have been curious about this pre-sub option.  The guidance says that "FDA is available to help the sponsor, clinical investigator, and IRB in making the risk determination."  I can't think of any reason a sponsor would want to refer this question to FDA instead of to an IRB.  Are there circumstances that I haven't encountered, where this option is useful?  I feel like I'm missing something here...


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    Julie Omohundro RAC
    Durham NC
    United States




  • 4.  RE: Study Risk Determination Requests

    Posted 14-Dec-2014 09:56
    Julie,

    The sponsor has an option how to go forward depending upon what stage of development they are in. Sometimes, the sponsor may disagree with the IRB determination and the IRB determination can be challenged by FDA.  

    If the sponsor decides to go through the process "Pre-Sub" (part of Q submission), FDA's letter of determination may be copied and submitted to IRB(s) with the protocol.  The IRB does not need to conduct an independent assessment of risk.

    FDA's letter of determination is final.

    The process costs $0.

    IMHO: please note: as a way to cause or to contribute to improving the process(es) at FDA, it is (to try) to take full advantage of what FDA has to offer to the industry so that FDA can better develop, improve and implement the process(es) based on what works better or not. 

    Thus, please be advised that the Pre-Sub program be used in any way possible for industry's maximum benefits on a needed basis. 

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  • 5.  RE: Study Risk Determination Requests

    Posted 14-Dec-2014 12:20
    Julie,

    Besides the circumstance that David has noted, there is also an occasion when the Sponsor is not confident that every IRB (multiple sites) will reach the same NSR conclusion.  If one IRB disagrees with an NSR designation, the decision will go to FDA.  This is especially awkward if the study is already ongoing at two sites as NSR, but the IRB at a third site decides the study is SR.  

    By using this type of pre-sub meeting, Sponsor avoids the uncertainty by getting FDA's opinion up front.  Of course, the FDA may decide the study is SR, too.  In which case, the Sponsor proceeds with an IDE.

    Melissa

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    Melissa Walker RAC
    President & CTO
    Graematter, Inc.
    Saint Louis MO
    United States
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  • 6.  RE: Study Risk Determination Requests

    Posted 15-Dec-2014 09:02
    I also think you need to consider that the "quality" of all IRB's is not the same, nor is the experience of all IRB's equivalent.  You could easily have a less experienced, less "risk averse" IRB review early on and get a low risk determination.  Then when you add an additional site (potentially months or years into the trial itself depending on timing and recruiting) you could have another IRB that is more experienced or more risk averse (maybe even an IRB that has had a risk determination called into question by FDA previously) send back a SR determination.  Now you need to go through the agency for final determination.  What happens if the agency decides that SR is the real risk categorization?  Now, you have an ongoing trial that has patient subjects enrolled that the FDA has now determined needs an approved IDE for conducting....not a good position in my opinion.

    While it is not necessarily intuitive that you would WANT the agency to actually determine risk class pre-submission, it certainly seems like anything that could be at the border of minimal versus significant (or at the border of no IDE and IDE required) would be best to discuss with the agency.  This becomes especially true in my opinion when there is no cost, the timelines are relatively short (even assuming the 120 day long period that David noted) and the fact that FDA has made a determination is dispositive of the issue so all of your IRB's should review under the same level of risk categorization which leads to significant potential efficiencies, and there is no reason in my mind not to use this option.

    And while it is not to say the FDA can't change its mind once they give you a determination, especially if it is changing its mind based on data from the trial(s), it is far less likely that FDA will change their minds than it is that you will get a different classification of risk from any one of multiple IRB's reviewing the conduct of your trial.

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    Victor Mencarelli
    Sr. Manager - Regulatory Affairs
    United States
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  • 7.  RE:Study Risk Determination Requests

    Posted 14-Dec-2014 16:17
    The respond just like a pre-sub (Q-sub) - within 90 days.

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    Jose Cabrera
    Senior Director - RA/QA
    Somahlution
    Palm Beach Gardens FL
    United States
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  • 8.  RE: Study Risk Determination Requests

    Posted 15-Dec-2014 11:28
    David and Melinda, thanks very much for your input.

    I did think of the possibility of referring the matter to the FDA after an IRB had determined SR (rather than "instead of" an IRB) and you begged to differ, but I guess I'm little skeptical that the FDA will be inclined to second-guess an IRB on the level of risk to patients.

    I did not think of Melissa's scenario involving multiple IRBs.  In that case, if you think the decision might be "borderline," then, I can certainly see the value in getting the FDA's determination before submitting the study out to a number of IRBs.  While some IRBs might still come to different determination, I don't think most IRBs are going to be inclined to second-guess the FDA, either.


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    Julie Omohundro RAC
    Durham NC
    United States