Regulatory Open Forum

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  • 1.  Unauthorised repair ,adverse event and recall

    Posted 07-Nov-2018 06:09

    Hi,

     

    This is with reference to some devices sold almost 14 years ago. 5 years ago , during servicing, the service technician conducted some unauthorised repair which probably led to  an event 2 weeks ago (adverse event?) , no serious injury caused but could have the potential to cause one . In this case , there was no device fault , our investigation in the past have the evidence that no repair /changes were applicable to this design. Will this qualify as an adverse event ?

     

    After 14 years it's difficult to trace which devices would have undergone such unauthorised repair.

    Should we  handle such cases as they come or do we need to get the status of devices sold during this time and get the service history?

    Also if we got the devices back to its original design , would this  amount to a recall ?

     

    Thanks & Regards,

     

    Rashmi Pillay
    Regulatory Affairs Associate


    Ellex 

    3-4 Second Avenue

    Mawson Lakes SA, 5095

     

    T + 61 8 7074 8105
    rpillay@ellex.com

    W ellex.com

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  • 2.  RE: Unauthorised repair ,adverse event and recall

    Posted 09-Nov-2018 08:03
    ​Hi Rashmi:

    Who did the unauthorized repairs?  The customer, your company, or someone else?  That makes an impact on what is required.  Additionally, do you make it clear that repairs are not allowed?  If so, where do you make this statement (e.g. IFU).  If you knew that repairs were happening in the past, what were your actions to mitigate?  What is the design life of this device?

    If you "got the devices back to the original design", this sounds like a correction to me.  If you need them back at your company to conduct this, then it would be a correction and removal.

    It's hard to answer your questions(s) without more detail.


    ------------------------------
    Michael Winter RAC
    Sr. Director, Quality and Regulatory Affairs
    Curbell Medical
    Orchard Park NY
    United States
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  • 3.  RE: Unauthorised repair ,adverse event and recall

    Posted 09-Nov-2018 20:57
    ​Hi Michael,

    Thanks for reverting to my query. Our (manufacturer) service technician made the unauthorised repair. We have the warning in our service manual

    WARNING! Do not modify this device. Unauthorised modifications may create a safety hazard.

    The device service life is 7 years. This complaint was observed in one device which was sent back to us for investigation , however the modifications are pertaining to additions of some components which were not necessary , no software or hardware changes to the device. If there are similar cases on the field , its only a matter of removing these components, which can be managed on the field.


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    RashmiAdelaideAustralia
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  • 4.  RE: Unauthorised repair ,adverse event and recall

    Posted 12-Nov-2018 08:03
    ​If it was conducted under your purview, which it appears to be so, then you have the responsibility.  It sounds like a correction that may be made in the field.  "Under 21 CFR 806, Medical Devices; Reports of Corrections and Removals, manufacturers and importers are required to make a report to FDA of any correction or removal of a medical device(s) if the correction or removal was initiated to reduce a risk to health posed by the device or to remedy a violation of the act caused by the device which may present a risk to health."

    ------------------------------
    Michael Winter RAC
    Sr. Director, Quality and Regulatory Affairs
    Curbell Medical
    Orchard Park NY
    United States
    ------------------------------