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Clearance letter by day 90

  • 1.  Clearance letter by day 90

    This message was posted by a user wishing to remain anonymous
    Posted 12-Nov-2020 08:50
    This message was posted by a user wishing to remain anonymous

    Dear RAPS members,

    I would like to understand the FDA timeline for providing a clearance letter to the submitter. If all interactive review questions were answered (including the 510(k) summary revision) and no additional questions were asked, is it possible that the clearance letter is provided on day 90, and can they miss the 90 day timeline even if they don't have any additional questions? Do they provide the clearance letters on weekends?

    Thanks in advance


  • 2.  RE: Clearance letter by day 90

    Posted 12-Nov-2020 11:15
    Edited by Kevin Randall 13-Nov-2020 12:13
    When planning around FDA 510(k) clearance timelines, it's crucial to remember FDA's agency performance goals mandated by law (e.g., the Medical Device User Fee Amendments of 2017, a.k.a., "MDUFA IV").  Specifically, MDUFA IV generally requires that for 95% of 510(k)s, FDA is to render a final decision within 90 "FDA days". An "FDA day" is basically any calendar day where FDA is engaged in active review of the 510(k).  This concept is important, because if FDA issues a substantive AIR (Additional Information Request), then FDA stops the 90-day clock (putting the submission on "hold") until the Sponsor submits a complete/substantive response enabling FDA to resume its review.  A Sponsor is generally given 180 calendar days to submit its response to an AIR.  Note that FDA also has a further performance goal to achieve an average total time to decision of 116 calendar days for FY2020. "Total time to decision" is the number of calendar days from the date of receipt of a filed submission to a MDUFA decision.

    Accordingly, and technically speaking, there is a 5% chance that FDA might miss the 90-FDA-day timeline.  But if the Sponsor has properly addressed all outstanding AIRs, and if FDA truly doesn't have further questions, then we can expect FDA to issue its final decision within the 90 FDA days, as the 5% margin is generally intended for accommodation of unusual submission circumstances.

    For at least the prior three years (FY2017-2019), FDA met the 510(k)-decision performance goal 99% of the time (meaning they successfully met the overall 95% performance goal). FDA's MDUFA Performance Reports through FY2019 can be accessed here.  FDA appears to be maintaining the 99% performance rate thus far for FY2020 based on the running 2020 performance data available here.

    My experience has been that FDA may, but doesn't generally, work on weekends.  But since "FDA days" are calendar days (thus including weekdays and weekends), it is always possible that FDA would issue a clearance letter on a weekend in order to meet a MDUFA performance goal.  I don't recall any of my prior 510(k) clearances being dated on a weekend, but perhaps others in the Forum can lend their experiences on that.

    Hope this helps,

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    Kevin Randall, ASQ CQA, RAC (U.S., Europe, Canada)
    Principal Consultant
    ComplianceAcuity, Inc.
    Ridgway, CO
    United States
    www.complianceacuity.com
    © Copyright 2020 by ComplianceAcuity, Inc. All rights reserved.
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  • 3.  RE: Clearance letter by day 90

    Posted 12-Nov-2020 11:33
    Be sure to read my latest narrative above, as I made a few edits and clarifications shortly after my original post.

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    Kevin Randall, ASQ CQA, RAC (U.S., Europe, Canada)
    Principal Consultant
    ComplianceAcuity, Inc.
    Ridgway, CO
    United States
    www.complianceacuity.com
    © Copyright 2020 by ComplianceAcuity, Inc. All rights reserved.
    ------------------------------



  • 4.  RE: Clearance letter by day 90

    This message was posted by a user wishing to remain anonymous
    Posted 12-Nov-2020 18:37
    This message was posted by a user wishing to remain anonymous

    Thanks a lot Kevin. This is very helpful.


  • 5.  RE: Clearance letter by day 90

    Posted 13-Nov-2020 08:27
    We have also received reviewer questions via email without a stoppage of the clock. This seems to happen with smaller questions or requests.

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    Edward Panek
    VP, QA/RA
    Med Device

    DOD/DARPA/Dept Veterans Affairs Design Controls in Research

    Research into Neural Nets - https://www.twitch.tv/edosani
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  • 6.  RE: Clearance letter by day 90

    Posted 19-Nov-2020 10:18
    During my latest 510(k) submission the bulk of the questions and informational requests were via email/phone. I'm a big fan of the interactive review process - while it may not completely prevent issuance of an RfAI, the request will typically be much easier to address.

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    Jeffrey Freedman
    QA/RA Specialist III
    Lowell MA
    United States
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  • 7.  RE: Clearance letter by day 90

    Posted 13-Nov-2020 09:47
    A couple of things I've learned recently. The 15 day RTA review time doesn't count towards the 90 if the submission gets an RTA. And some offices impacted by COVID are taking more than 90 days to respond.

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    Karen Liu
    San Diego CA
    United States
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  • 8.  RE: Clearance letter by day 90

    This message was posted by a user wishing to remain anonymous
    Posted 20-Nov-2020 09:16
    This message was posted by a user wishing to remain anonymous

    I have found that the timeline can be different depending on reviewers.  I once had one reviewer who didn't understand the timeline at all and restarted the clock back to 30 days after I submitted by response to an Additional Information request for a Special.

    I don't remember ever receiving a clearance on a weekend, but I have had reviewers ask for last minute changes to the 510(k) summary on the weekend, and the submission was cleared by Monday morning. 

    If it is only a few days over 90, I wouldn't be too concerned.  I've often miscounted on my end and was off by one or two days.  As you mentioned, if you've answered all interactive questions with no additional requests and you are well past the 60 days mark, I would think you should be expecting clearance shortly (even if it is technically late).


  • 9.  RE: Clearance letter by day 90

    Posted 21-Nov-2020 11:05
    I will say, in response to comments by some of the other respondents, that I would frequently get FDA questions late on a Friday night (late for me in California; I don't even want to think about what time it was in Maryland).

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    Corey Jaseph RAC
    Director of Regulatory Affairs
    Wheatland CA
    United States
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  • 10.  RE: Clearance letter by day 90

    Posted 23-Nov-2020 09:41
    This is especially true when FDA is investigating a "signal" or "potential signal." I can't tell you how many times we got a set of questions late on Friday, with a note "can you have this to us by CoB Monday" but it was quite a few. Apparently it is important that industry work weekends but not so much the FDA.

    g-

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    Ginger Glaser RAC
    Chief Technology Officer
    MN
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  • 11.  RE: Clearance letter by day 90

    Posted 24-Nov-2020 08:01
    Hi Ginger

    I call this beer bet Friday..i will bet a beer that FDA will shoot out a "need this by CoB Monday"... i think it is an Agency "clean desk" policy for Friday afternoons.  I am betting reviewers are trained to close that week's business by the weekend.

    BUT,  I have recently had letters and emails on a Saturday, not automated.  And I  heard many at FDA are working weekends to keep up.  Now, they join our ranks of work every day.  Not much fun with the pressure and their relatively lower pay, and ongoing threats of shutdowns, I think.

    I can see why they leave FDA for industry- why wouldn't they?

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    Ginger Cantor, MBA, RAC
    Founder/Principal Consultant
    Centaur Consulting LLC
    River Falls, Wisconsin 54022 USA
    715-307-1850
    centaurconsultingllc@gmail.com
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  • 12.  RE: Clearance letter by day 90

    Posted 24-Nov-2020 09:15

    LOL! Beer bet Friday huh?

     

    Anyway, I agree with you that lately a lot of FDAers have been swamped and trying to keep up. Though I have run into my fair share of FDA folks about whom I doubted competency over the years, I have also run into dedicated and hard working FDA reviewers. And I agree with you – it is hard to imagine why they stay, when they have an impossible job (never be wrong) filled with competing expectations for pretty low pay compared to what they can make elsewhere.

     

    g-

     

     






  • 13.  RE: Clearance letter by day 90

    Posted 22-Nov-2020 10:21
    Anon,

    Great answers to your questions from the RegEx experts.  I was intrigued by your last question - "Do they provide the clearance letters on weekends?"  I was compelled had to take a look!  [Mostly because our database lets us to this quickly.]  Cannot say that they would actually send clearance letters on the weekend, but the 510(k) data does show that they do issue clearance letters on weekends.  Not very many compared to the weekdays, of course.  Since 2000, only 0.0000789% of clearances have been issued on weekends.  "Better" odds in 2020 - .00023% - but still not very likely.  Thanks for the fun exercise!  We live for answering regulatory questions with data!
    Graph of the number of 510(k) clearance letters issued on Saturday or Sunday for the years 2000 to 2020 YTD.
    Cheers,
    Melissa


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    Melissa Walker RAC
    President & CTO
    St Louis MO
    United States
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