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  • 1.  3500A - FDA 5 day reporting

    Posted 14-Jan-2018 05:54

    Hi,

     

    A general query – which type of devices and which events ( pl. give me examples) require a 5 day, 3500 A reporting to the FDA.

     

    Thanks & Regards,

     

    Rashmi Pillay
    Regulatory Affairs Associate


    Ellex 

    3-4 Second Avenue

    Mawson Lakes SA, 5095

     

    T + 61 8 7074 8105
    rpillay@ellex.com

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  • 2.  RE: 3500A - FDA 5 day reporting

    Posted 16-Jan-2018 13:02
    ​Hi Rashmi,

    5-day reports are required under certain circumstances and are not specific to certain device types.

    Please refer to the following references from the FDA website for information on when a 5-day report is required:

    21CFR803.53

    PART 803 -- MEDICAL DEVICE REPORTING

    Subpart E--Manufacturer Reporting Requirements

    Sec. 803.53 If I am a manufacturer, in which circumstances must I submit a 5-day report?

    You must submit a 5-day report to us with the information required by 803.52 in accordance with the requirements of 803.12(a) no later than 5 work days after the day that you become aware that:

    (a) An MDR reportable event necessitates remedial action to prevent an unreasonable risk of substantial harm to the public health. You may become aware of the need for remedial action from any information, including any trend analysis or

    (b) We have made a written request for the submission of a 5-day report. If you receive such a written request from us, you must submit, without further requests, a 5-day report for all subsequent events of the same nature that involve substantially similar devices for the time period specified in the written request. We may extend the time period stated in the original written request if we determine it is in the interest of the public health.


    Guidance: Medical Device Reporting for Manufacturers

    2.20 What are 5-day reports?

    A "5-day report" (or five-day report) is a report that must be submitted to us within five work days after the day you become aware of an MDR reportable event:

    • That necessitates remedial action to prevent an unreasonable risk of substantial harm to public health (remedial action is described in section 2.21 of this guidance); or

    • For which we have made a written request for the submission of 5-day reports [21 CFR 803.10(c), 803.20, 803.53].

    We consider the 5-day time frame for a report of an event requiring remedial action, as in the first bullet above, to begin the day after an employee with management or supervisory responsibilities over persons with regulatory, scientific, or technical responsibilities, or a person whose duties relate to the collection and reporting of adverse events, "becomes aware" of the event [21 CFR 803.3]. We do not expect employees such as non-technical staff to recognize that an adverse event(s) requires remedial action to prevent a risk of substantial harm to the public.11

    However, when you receive a written request for 5-day reports from us, you must submit the applicable reports within 5 work days after the day any employee becomes aware of the event [21 CFR 803.10(c), 803.20, 803.53].

    Hope this helps,
    Liz

    ------------------------------
    Elizabeth Goldstein RAC
    Regulatory Affairs Project Manager
    California
    United States
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  • 3.  RE: 3500A - FDA 5 day reporting

    Posted 17-Jan-2018 09:15
    ​Hi Rashmi,

    The key to the 5 day report is the need for remedial action to prevent harm from your device. I interpret the remedial as indication a recall or other correction - there is a problem that you have become aware of and there is an urgent need to do something about it to prevent recurrence. The definition in 803.3(v) for remedial action defines it as any action other than routine maintenance or servicing of a device where such action is necessary to prevent recurrence of a reportable event.

    There may be rare cases where internal corrective action would meet the definition of remedial action (maybe capital equipment that is essentially distributed one at a time, so there is nothing in the field at risk but some sort of change must be made before further distribution can occur) but for most devices where there are multiples of a lot in distribution at any one time, the only way to prevent recurrence is some sort of field correction.

    There is another way that a 5 day can be required and that is if FDA tells you that you need to file one. I can't imagine there would be many questions about the need to file in such a case.

    Ian

    ------------------------------
    Ian Christianson
    Marlborough MA
    United States
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