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  • 1.  Adverse event , user error and recall

    This message was posted by a user wishing to remain anonymous
    Posted 08-Jan-2018 09:10
    This message was posted by a user wishing to remain anonymous

    ​Hi,

    If there's been an adverse event , a trend is identified with user error but the labelling is considered adequate - only the existing labelling is strengthened or warnings reinforced , would that amount to a recall ?
    What is the manufacturer's liability for training if the equipment is for professional use?  
    How does the QMS need to address this change- A CAPA has been raised as preventative action . How does this need to be tracked for effectiveness ?


  • 2.  RE: Adverse event , user error and recall

    Posted 08-Jan-2018 18:04
    Edited by Kevin Randall 08-Jan-2018 18:05

    For the FDA jurisdiction, remember that FDA considers medical device user error to be a nonconformity.  That's right, a nonconformity, even if the labeling is adequate.  FDA considers user error to be a nonconformity because, it says, human factors and other similar tools should have been considered during the design phase of the device.  This is asserted in the preamble to the Quality System Regulation.  Therein, FDA acknowledges that a manufacturer can't foresee every possible misuse during design, but FDA still maintains that when the manufacturer does become aware of misuse, the corrective and preventive action requirements are to be implemented.

    Although a manufacturer might feel that the labeling is adequate, it is nonetheless the user and the user's needs that are the ultimate barometer. Because FDA views user error to be a nonconformity, it means the labeling changes that the manufacturer thinks are just "strengthening" or "reinforcing" labeling may be viewed by the agency as a correction.  Consequently, any conclusion that the labeling is adequate needs to be supported by sufficient user feedback from label design validation testing.  For the U.S., this remains true for untrained lay-users in the home, as well as for professional users.  This might seem strange regarding professional-use devices, especially in light of FDA's 21 CFR 801.109 stating that such devices are exempt from adequate directions for use.  But remember FDA's confounding caveat stating that such exemption only remains valid if labeling (whether or not on or within the dispensing package) that gives information for use contains adequate information for such use, including methods (among other things).


    Ultimately, if the labeling actually is adequate, but user error continues nonetheless, then the device manufacturer becomes accountable for whatever actions are, commensurate with risk, necessary to assure public health in association with its devices. Proper user training or other interventions would be included in this accountability, up to, and including recalls.


    ​Categorization of nonconformities and consequent remedial actions can be region-specific. For example, the statutory/regulatory language is different for triggering recalls for the U.S. FDA, European Union, and Canada. I advise firms to be diligent in learning the differences, because what may be a recall in one jurisdiction may not be a recall in another, and vice versa.  No one wants to ever have to explain to the CEO why we did a 3 million dollar recall when we didn't really need to.
     

    Whether or not labeling adjustments are a recall is an assessment that, for the U.S., needs to be made in careful consideration of FDA's guidance document entitled "Distinguishing Medical Device Recalls from Medical Device Enhancements".  FDA also elaborates on that topic in its CDRH Learn presentation and transcript posted at https://www.fda.gov/Training/CDRHLearn/ .

    But overall, remember that if any correction or removal (these concepts have official definitions in the U.S.) is taken to reduce a risk to health, then it essentially becomes, based on corresponding U.S. statute and regulations, very difficult to avoid categorizing that action as a recall.  And no one wants to face an agency citation where we have to explain to the CEO why we didn't categorize an action as a recall and report it to the authorities when we should have.

     

    Hope this helps,

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    Kevin Randall, ASQ CQA, RAC (U.S., Canada, Europe)
    Principal Consultant
    ComplianceAcuity, Inc.
    Golden CO
    United States
    www.complianceacuity.com
    Copyright 2018 by ComplianceAcuity, Inc. All rights reserved.
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  • 3.  RE: Adverse event , user error and recall

    Posted 09-Jan-2018 16:12
    ​Usability and Human Factors exponents prefer the term 'use error' over 'user error', to avoid the negative implication that the underlying problem lies with the user, rather than inadequate design and associated labelling of a device contributing to problems in safe and effective device usage. This distinction helps one arrive at the proper root cause and identify corrective and/or preventive actions that are effective. 

    See: https://www.mddionline.com/issue-use-not-user-error

    NIST cites use error as referring to "user interface designs that will engender users to make errors of commission or omission. It is true that users do make errors, but many errors are due not to user error per se but due to designs that are flawed, e.g., poorly written messaging, misuse of color-coding conventions, omission of information, etc."

     Adverse events are invariably the result of a sequence of unfortunate events, and while the end user may certainly contribute to the risk of harm eventuating, there is an onus of responsibility on the device manufacturer to put on the market products that are "not unreasonable unsafe".

    From that point onwards, all that Kevin has detailed is spot on.

     



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    Homi Dalal RAC
    Regulatory Affairs Leader
    Dynamic Controls
    Christchurch
    New Zealand
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  • 4.  RE: Adverse event , user error and recall

    Posted 10-Jan-2018 13:07
    I wanted to add a little about the legal liability issue to Kevin's excellent answer.

    If the company has documented a trend with user error and opened a CAPA, the safer route is to amend the labeling and, if it's serious enough, send a letter to customers to let them know about the potential issue and how to avoid it.   While you can't insult your users in the letter, that process gives you an effectivity list that is easier to manage than using training as a solution to close a CAPA.  But such a letter presumes a recall, and that downside needs to be weighed against other potential risks (e.g., triggering an audit).    

    If a patient gets hurt and someone sues, the clinicians are put into a bind where they may be advised by others (lawyers, hospital, outside risk management consultants) to blame the manufacturer for "failure to warn" or inadequate training.  Such a claim could be difficult to beat if the company was aware of a trend but took the position that the problem was on the user end.   The FDA is a major source of ammunition for the personal injury lawyer community, as litigants can say "off-label use" supports a malpractice/negligence claim against users, while inadequate labeling or complaint handling supports a strict product liability claim against manufacturers.

    When MDRs claiming user error are rare, people tend to believe them ("I can't believe the hospital let those untrained folks handle the product.")

    When MDRs form a trend, I agree with the other commenters that FDA sees it as the manufacturer's problem to resolve, either as a fix to a human factors issue missed during development, a labeling change, an unmet training need, etc.

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    Roger Cepeda, JD, MBA, RAC
    MedTech Law LLC
    Rogercepeda0@gmail.com
    Mobile: 847-421-8361
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  • 5.  RE: Adverse event , user error and recall

    This message was posted by a user wishing to remain anonymous
    Posted 16-Jan-2018 10:02
    This message was posted by a user wishing to remain anonymous

    ​Hi,

    What if the user error has occurred due to an off-label claim as one of the reasons , for which labelling cannot be revised to a great extent ..


  • 6.  RE: Adverse event , user error and recall

    Posted 17-Jan-2018 17:38
    I may not be following you correctly, but if there was an off-label use, then the company may need to send a letter to alert users about the risks (and reminding them that it's off-label), or the company may need to update labeling to advise against the off-label use.    If there was an off-label claim by the manufacturer that led to the MDR, then that doesn't sound like user error as the root cause was the off-label claim, which is more serious if the claim was made by the customer (as opposed to another clinician).

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    Roger Cepeda, JD, MBA, RAC
    MedTech Law LLC
    Rogercepeda0@gmail.com
    Mobile: 847-421-8361
    ------------------------------