Regulatory Open Forum

 View Only
  • 1.  De Novo Update

    Posted 16-Jan-2018 01:57
    ​I've been doing some more number crunching with the data in the De novo database, and thought I'd share...

    This update includes the 34 "direct" De novo petitions that were submitted to the Office of Device Evaluation between August 14, 2014, and December 31, 2016, and which had been granted by December 31, 2017. Additional De novo petitions submitted during this period may yet be granted.

    The average time from initial receipt to decision was 382 days, with a range of 89 to 620 days. By comparison, the time from receipt to decision for 510(k)s cleared and PMAs approved by ODE in 2016 was 158 and 508 days, respectively.

    About 40% of the De novo petitions submitted during this period had been granted; the rest were presumably still under review, denied, or withdrawn.

    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------


  • 2.  RE: De Novo Update

    Posted 18-Jan-2018 13:56
    Those are some interesting numbers. Thanks for the update Julie. Honestly, I'm not even sure why people use de novo, considering how long it takes, its low approval rate and the huge leap in user fees for this pathway!

    ------------------------------
    Vidyalakshmi Jayaraman
    Marlborough MA
    United States
    ------------------------------



  • 3.  RE: De Novo Update

    Posted 19-Jan-2018 00:26
    ​Keep in mind that these number represent a relatively small number of submissions, given the range of technologies and intended uses.  I think it will be come time before enough have been granted to really speaking meaningfully of "average" times.  Nonetheless, it's a new path, so I for one am curious to watch the numbers evolve.

    Presumably companies use the De novo path for the same reason that they use the 510(k) and PMA paths.  They have determined that its US sales will provide a sufficiently attractive return on their investment to warrant the time and money required to get it there.


    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------



  • 4.  RE: De Novo Update

    Posted 19-Jan-2018 09:14
    Even if these numbers continue (and FDA would argue they will come down now that there are user fees and MDUFA targets) I can see why people would go this route if they expect to be evolving the device at a fast rate after launch. The 3 months difference in review time between a new 510(k) and a PMAS can be significant over a large number of changes. This is particularly true if you don't need to "competitive bar" that a PMA provides - say if your market is large enough that competitors will find entry lucrative, PMA or not. Given that whether to push down the De Novo vs PMA path often boils down to a business decision, I can see reasons to do either.

    g-

    ------------------------------
    Ginger Glaser RAC
    Chief Technology Officer
    MN
    ------------------------------



  • 5.  RE: De Novo Update

    Posted 22-Jan-2018 19:31

    So, once again, "it depends," only this time on business factors, such as the company's development and marketing strategies and the competitive environment.

    For my clients, the De novo is usually an option to be considered for a device that everyone feels confident presents low to moderate risk, but not so confident that FDA will determine it to be substantially equivalent to a Class I or II predicate. Most of my clients qualify for small business designation, so the new user fee isn't crushing.

    The new user fees will set a bit higher bar for return on investment, but, in the whole scheme of things, if a device's value to market rises and falls on additional $25,000 to $90,000, it's probably not a medical breakthrough or a "market disruptor." Start-ups with a De novo device may have to look a little harder for investors who are more medical device savvy, and be prepared to make a better case to them.



    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------



  • 6.  RE: De Novo Update

    Posted 22-Jan-2018 19:34
    ​I expect FDA's review times will come down. How much, remains to be seen. As far as I can tell, FDA has had virtually no resources to allocate to the review of De novo petitions, because it had no real budget for them, including no budget to train reviewers, who almost certainly had little to no experience with these types of applications, given that, through 2010, CDRH had granted only 55 De novo petitions in its entire history.

    I spoke with someone at FDA who was very involved with the De novo program, and who hoped they could bring FDA's timeframes down in line with 510(k)s. I'm doubtful this is realistic, especially given that the De novo review is really two reviews, one for safety and effectiveness, and the other for classification.


    It is also useful to remember that the figures I've presented are from receipt to submission, which means they include both FDA's time to review the petition and the applicant's time to address deficiencies. Most likely, the companies that submitted these petitions had never submitted one before, either. I would anticipate that industry will also get better at this, and that this will also contribute to reduced overall timeframes.



    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------