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  • 1.  Overlapping 510ks

    This message was posted by a user wishing to remain anonymous
    Posted 08-May-2018 11:48
    This message was posted by a user wishing to remain anonymous

    We have a device that is able to perform two functions. The first intended use was cleared via a 510k, with one division within the FDA - and the second intended was cleared by de novo by a second division within the FDA. We have upcoming improvements to each - each of which is clearly within the purview of the respective division. It is our intention to submit the first 510k within the next few weeks. And then, our expectation is that the second 510k will be ready to submit sometime later this summer - likely before the other has been cleared.

    Does anyone know if we will be able to have two 510ks open at the same time?  
     If anyone has experience with the multiple use devices it would be great to hear from you! Thanks.



  • 2.  RE: Overlapping 510ks

    Posted 09-May-2018 10:52
    Hi Anon,
    You can have two submission open at the same time. It is best practice to let the reviewers know in both submissions that this will occur; however, you are only required to let them know in the second. I have tried to organize a telecon with both reviewers around day 50 to get both on the same page. It was agreed to once and declined the other time; however, it was useful when it occurred.


    Best,
    Mike

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    Michael Nilo
    Network Regulatory Partners
    Portland OR
    United States
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  • 3.  RE: Overlapping 510ks

    Posted 10-May-2018 15:02
    Checkout the 2007 FDA Guidance on "Bundling" ... Bundling refers to the inclusion of multiple devices or multiple indications for use for a device in a single premarket submission.

    https://www.fda.gov/downloads/medicaldevices/deviceregulationandguidance/guidancedocuments/ucm089732.pdf

    Hopefully this helps.  Let me know if I can do anything further for you.

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    John Beasley, RAC (US)
    MedTech Review, LLC
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  • 4.  RE: Overlapping 510ks

    Posted 11-May-2018 10:36
    This is a good suggestion, John. But I think the fact that there are 2 different reviewing divisions within FDA involved may make bundling impractical or the request may be denied. I could be wrong however.

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    Vidyalakshmi Jayaraman
    Marlborough MA
    United States
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  • 5.  RE: Overlapping 510ks

    Posted 09-May-2018 15:29
    If its a different intended use even if its the same device, don't see why having another 510k open would be a problem. But like Michael said, it would be best to mention that you have an open 510k for the other use/expanded indication in the second 510k you will submit end of summer.

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    Vidyalakshmi Jayaraman
    Marlborough MA
    United States
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  • 6.  RE: Overlapping 510ks

    This message was posted by a user wishing to remain anonymous
    Posted 10-May-2018 12:52
    This message was posted by a user wishing to remain anonymous

    Thank you to both respondents - it is a rare and great thing to get such a definitive answer!

    Cheers!