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My Letter to Three US Senators - Your Comments Appreciated!

  • 1.  My Letter to Three US Senators - Your Comments Appreciated!

    Posted 21-Aug-2015 15:23

    Dear Fellow Members,

    I have recently written a letter, dated July 27, 2015, to three honorable US senators, intending to propose a potential BILL.  

    When you get a chance to read my letter, I'd very much welcome any of your comments to me, especially if you disagree (including your ground to objection).  

    My letter can be downloaded here >>

    ------------------------------
    Dr. David Lim, Ph.D., RAC, ASQ-CQA
    President and CEO | REGULATORY DOCTOR
    http://www.RegulatoryDoctor.US
    http://www.GlobalComplianceSeminar.com
    Phone (Toll-Free): 1-(800) 321-8567
    E-mail: David@RegulatoryDoctor.US
    ------------------------------



  • 2.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 21-Aug-2015 23:16

    Why those three Senators?

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    Julie Omohundro RAC
    Durham NC
    United States
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  • 3.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 22-Aug-2015 12:13
    Julie,

    Happy Saturday!  

    Thank you for reading the letter.  

    These three senators recently introduced a bill "The Combination Product Regulatory Fairness Act of 2015." at http://regulatorydoctor.us/a-new-bill-introduced-with-respect-to-combination-products/

    Thus, they were contacted and informed. 

    Thank you.  

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 4.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 24-Aug-2015 09:50

    David, 

    Are you suggesting that each medical device would require clinical data, even if it was just small scale clinical data?

    Justin


    ------------------------------
    Justin Baker PHD, RAC
    Product Development Manager
    Arteriocyte
    Cleveland OH
    United States
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  • 5.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 24-Aug-2015 13:44
    Justin,

    Thank you for reading the letter. 

    It is mainly for those requiring clinical data without suggesting that each and every medical device should require clinical data. 

    A case story:

    A firm spent about 10 years of developing and mostly doing clinical trials with nearly $400 millions.  During FDA review and Adv. meetings, the firm was told "the control for clinical trials is not adequate."  Shortly after the meeting, the firm went bankrupt.  The subject device involved was rather a straightforward one with criteria established.

    There are many examples.  Please note: this is my own initiative not being motivated or influenced by any firms or organizations.   

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 6.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 09-Sep-2015 14:11

    I must come back around to this discussion to say that I do not accept the simple fact that some companies waste an inordinate number of years and dollars on a failed effort to get a medical device on the market as evidence in of itself that there is any problem with the way that FDA handles pre-market review.

    ------------------------------
    Julie Omohundro RAC
    Durham NC
    United States
    ------------------------------

     


  • 7.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 09-Sep-2015 14:35
    Julie,

    As for your statement "here is any problem with the way that FDA handles pre-market review," my letter was not intended to raise any problems but rather to propose a potential BILL to avoid duplicative and unnecessary requirements for some of the devices, which will greatly help the FDA save enormous resources. 

    The reason for the case used as a reference, it was done so to improve our awareness in that once we know the requirements as "acceptance criteria" or "standards," it can tremendously save time, energy and resources!

    Thank you.  

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 8.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 09-Sep-2015 20:43

    David, I guess you would have to provide more details about the case for me to understand how it illustrates your point.  Otherwise, I would say  the same thing, that the fact the company wasted years and millions in the absence of "acceptance criteria" or "standards" does not, solely on the face of it, indicate to me that it would have done any better if "acceptance criteria" or "standards" had been available, either.

    ------------------------------
    Julie Omohundro RAC
    Durham NC
    United States
    ------------------------------




  • 9.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 25-Aug-2015 06:32

    David, I'm not sure I understand the purpose of your letter nor your purpose in soliciting comments on your proposal after the fact.

    If the purpose of the letter was simply to put in your two cents, mission accomplished, and nicely done, although it's my understanding that most politicians aren't especially interested in the opinions of citizens who do not vote within their jurisdictions.

    If the intent was to persuade them to act on your proposal, I'm rather doubtful that it will achieve that end, but then, I don't know what is required to persuade senators to act on a proposal for legislation, other than--perhaps--large campaign contributions.  Since I'm in no position to make large campaign contributions, my approach would be to provide a compelling explanation as to why my proposal has merit, something beyond "it is reasonable to believe."

    Regarding your proposal itself, I think steps 1 and 2, like any effort to significantly revise FDA's approach to regulating medical devices, is likely to prove impractical. I have seen less ambitious efforts to improve FDA's processes largely paralyze ODE for an extended period of time. I would expect the effort required to implement these two steps would soak up enough of FDA's resources to bring the review process to a near halt for several years.  It's not something I would expect industry to embrace without a near-certainty that the results (i.e., the OSECs) would represent a much lighter regulatory burden.  That might indeed be the result, but I don't see this as being inherent in the proposed process.

    As for the size and length of clinical trials needed to provide reasonable assurance of the safety and effectiveness of medical devices, it has long been recognized that you can't get much in the way of reasonable assurance of safety from a clinical trial. This is what underlay the seeming irony of the Kefauver Harris amendment, which responded to a safety issue by requiring a demonstration of efficacy.  The politicians had to do something, and you can get a decent first-pass assessment of efficacy in a clinical trial, where you can't learn that much about safety.  The latter is the argument for a strong post-market surveillance program, and it is here where I think there is potential for reducing the length of some trials.  As, apparently, does FDA.

    In any case, I think the argument over the appropriate design and size of device trials is now moving past FDA.  As someone recently noted in a LinkedIn discussion, clinical trials "create KOLs, clarify physician training, seed the market with eager users, provide favorable publications to create interest, help obtain favorable reimbursement, etc. etc. Any good regulatory clinical study is designed and executed with all these other goals in mind and fully supported; not just the narrow goal of getting a regulatory approval."

    My two cents. Or maybe more like a dollar. :)

    ------------------------------
    Julie Omohundro RAC
    Durham NC
    United States





  • 10.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 25-Aug-2015 11:15
    Julie,

    Thank you very much for your comments worth a lot more than a dollar.

    Several professionals including few CEOs expressed strong interest and accordingly, I wanted to see how RA professionals interpret my proposal.  It would appear you didn't get it at all (e.g., inherent meaning), which is good and even better, providing some strong ground for further discussion.

    Most of times, what should be doable and is rather advantageous to both the FDA and industry affected can or (even should) be viewed differently at the beginning or even upside down. 

    In 2008, I proposed to the FDA regarding "communication systems."  It can be found here or my Linkedin profile.    

    In 2009, I proposed Medical Device Innovation Initiatives to the FDA after reviewing few hundreds of regulatory submissions/documents.  

    I also learned FDA's 510(k) process not in good alignment with the FDCA.    

    It takes time to see actionable changes - you have recently observed changes at FDA!!!

    As for some of your comments, it warrants some clarification. 

    As for device "safety," you stated "it has long been recognized that you can't get much in the way of reasonable assurance of safety from a clinical trial."  Because of the very reasons that you stated, I proposed in a way to overcome that.  Many times, device safety issues can be easily uncovered during device design, bench testing, feasibility studies, animal studies and/or during an early clinical trial, but those safy signals are willfully ignored, just focusing on obtaining an FDA approval or clearance. The safety problems can then be amplified during post-market, recalling or withdrawing the products from the market.  

    "As someone recently noted in a LinkedIn discussion, clinical trials "create KOLs, clarify physician training, seed the market with eager users, provide favorable publications to create interest, help obtain favorable reimbursement, etc."  

    Your statements relate to a novel device (e.g., not having reimbursement established), which is outside the meaning and scope of my letter.  

    When I schedule to give an in-person seminar(s) in DC sometime in the future, I will try to meet with few senators or their staff for further discussion.  


    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 11.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 26-Aug-2015 07:22

    David

    I applaud your efforts to inject a regulatory perspective into politics. Sometimes I think it would be beneficial if an organizations such as RAPS would throw its weight behind such efforts. Currently there are a handful of individuals and industry organizations representing various interests, but I do not see any organization representing the interests of regulatory professionals at the national level.

    The proposed bill purports to address the issue of combination products. Is the subject of your letter confined to combination products?

    Under No. 1 in  your letter, does the "list" refer to devices named by tradename or by product code?

    Surely the company that spent 10 years and $400 mil developing clinical data had obtained the opinion of FDA beforehand as to whether the protocol was adequate. Was this a case of the review team at FDA changing requirements during the course of the clinical studies?

    If the intent is to develop a Guidance Document applicable to the devices listed under your No. 1, might it be possible for this to occur outside of FDA? There is a precedent in that a patient advocacy group has proposed a draft guidance document to FDA. It would be a formidable project, but if the Agency perceives such a document as helpful in reducing the burden on reviewers and manufacturers, might receive support.

    My two cents...

    Jean


    ------------------------------
    Jean Bigoney PHD, RAC
    Managing Member
    Nu Device Consulting LLC
    Murphy NC
    United States
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  • 12.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 27-Aug-2015 11:16
    Jean,

    Thank you very much for your comments!  I didn't expect you would make comments on the matter.

    All comments considered, I want to state that I have one additional proposal (to be developed as a Bill) and what I am working on is for the next 10-15 years of projects (using my free time - research, talking to stakeholders, meetings, etc.).

    If any organization or entity can jump on any of the two projects, that would be great. If not, that is OK too!   

    Those who sent me their comments privately are also highly appreciated. 

    All my background, education, training, experience and all combinations thereof put me in a position to do something meaningful in my life journey in RA.

    Some of institutions I have gone through:

    University of Missouri-Columbia (with a Science paper for Ph.D. without a MS)
    Duke University Medical Center
    California Institute of Technology
    McGill University in Canada
    UC-Berkeley
    US National Labs (with Security Clearance)
    US FDA
    Pharma and Device Companies, etc.  

    I can see things a bit differently. 

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 13.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 28-Aug-2015 20:25

    David, I do tend to look at things from the perspective of novel devices, because that's what I work with, but when you propose a list of devices, I think that you must be talking about those that are already on the market, as it is hard to list devices that haven't been developed yet.  I guess I was also thinking that a device that already has reimbursement established is likely to be a "me too" that isn't going to require much clinical data anyway, but I'm not that knowledgeable about me too's.

    Some risks can be mitigated pre-market, but I think a reliable assurance of clinical safety requires clinical use, and lots of it.  You can't realistically run a large enough clinical trial premarket to adequately assure the safety of a device.  A device that seriously injures 1 patient in 1,000 is one that may need to be pulled from the market, but usually you'd have to run a very large trial to pick that up.   As I understand it, that's one of the main arguments for more of a focus on post-market surveillance.

    ------------------------------
    Julie Omohundro RAC
    Durham NC
    United States
    ------------------------------




  • 14.  RE: My Letter to Three US Senators - Your Comments Appreciated!

    Posted 28-Aug-2015 21:06
    Hi Julie,

    Thank you for further comments.  I understood where you were coming from.

    Hoping to get connected sometime in meetings!

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.