FDA to Force Medical Device Manufacturer Pay for Violating Law

March 29, 2008

The U.S. Food and Drug Administration () today announced it is seeking a $2.2 million penalty against a California manufacturer for violations of federal law, including manufacturing standards violations and the failure to notify the of a change in an outside supplier or vendor, which may have exposed recipients of the devices to unnecessary .

The hearing aids pose a due to , exposing patients to the of device failure, possible surgery, and the potential for additional hearing loss.

The agency’s complaint, originally filed this past November and amended on March 17, seeks penalties against California medical device manufacturer Advanced Bionics, LLC and its president and co-CEO, Jeffrey H. Greiner.

The complaint alleges that Advanced Bionics shipped hearing aids to customers in the United States prior to filing appropriate supplemental information with the Agency, including a notice of changes made to the devices that affected their safety and effectiveness.

On July 7, 2003, Advanced Bionics received approval to market the HiRes90k Implantable Cochlear Stimulator, a surgically implanted under the skin behind the ear to treat in adults and children. The is considered a Class III device by the —the most stringent regulatory category for devices.

The complaint alleges that the company failed to comply with the ’s current Good Manufacturing Practice (GMP) requirements for devices. GMP requires that companies manufacturing for sale in the United States establish and follow quality systems procedures to assure the safety and quality of their products.

Advanced Bionic’s alleged GMP violations include the failure to sufficiently evaluate and select a new vendor as the supplier of a critical device component and the failure to adequately validate the continued safety and effectiveness of the by testing lots under actual or simulated use when the unapproved vendor’s component was used.

The complaint also states that Advanced Bionics shipped hearing aids in violation of the law between January 2005 and July 2006. Two hearing aids shipped and implanted after a March 2006 contained the component from the unapproved vendor.

’s complaint states that the company’s failure to file the required supplement occurred after a 2001 inspection. At that time, the company was cited for similar failures and made commitments to correct the problems.

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Graft use Associated with Increase Risk of Death

March 20, 2008

issued a Notification to inform healthcare professionals of an update to earlier safety information on this product. The notification re-emphasizes the need for continued surveillance of patients treated with endovascular , and provides updated information on the associated with the use of the AneuRx Stent Graft System to prevent abdominal aortic aneurysm rupture.

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New Supreme Court Bends to Big Business - Leaves Consumers Out in the Cold

February 27, 2008

Donna Riegel filed suit against after a catheter burst inside the artery of her husband Charles causing him to undergo emergency bypass surgery in 1996. Although Charles Riegel survived the surgery, he passed since, and Donna carried the fight all the way to the .

On Wednesday, February 20, 2008, in an 8-1 decision, the ruled against the estate of Riegel stating that devices subject to PMA are preempted insofar as they are not based on the violation of laws. Federal law requires that a company must submit an application to the U.S. Food and Drug Administration (“”) before a medical device can be sold. are classified as Class I, II, or III. Generally speaking, Class III devices pose the most danger to the public. The can approve a Class III medical device when a manufacturer shows that the device is either substantially equivalent to a device already on the market through the 510K process or that the device is safe through the pre-market approval process (PMA).

The catheter that caused Charles Riegel’s injuries was approved by the through pre-market approval (PMA). PMA is the most stringent type of review required by the . The main difference between 510K and PMA is that 510K focuses on substantial equivalency to a product already approved to go to market whereas PMA focuses on the safety of a previously unapproved product.

In simple terms: you can no longer sue a company for putting out a bad medical device if it goes through the PMA process.

What does this mean to you?

The dealt the American public a tremendous blow. No longer are you safe from desperate companies looking for patents to please shareholders. The Court wrongly relies on the supposed “scientific prowess” of an inept and dysfunctional federal Food and Drug Agency.

What can you do?

Only congress can fix this wrong.

WRITE YOUR CONGRESSPERSON [visit Public Citizen at www.citizen.org or People Over Profits at www.peopleoverprofits.org]

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There is No Benefit in Using Plastic Stents to Treat Espohageal Disease

February 5, 2008

Self-expanding used to treat benign do not result in long-term alleviation of symptoms, researchers here said.

What’s more, the devices migrated from their initial placement more than 60% of the time, according to Todd Baron, M.D., and colleagues at the reported in the January issue of Gastrointestinal Endoscopy.

The findings, based on a retrospective single-institution analysis, appear to contradict earlier studies that showed that the devices stayed put and resulted in improvements in symptoms, the researchers said.

Learn More: MedPage Today

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FDA issued a Class I Recall of Medtronic Inc, SynchroMed EL Implantable Infusion Pump

February 5, 2008

issued a Class I of Inc, Models 8626-10, 8626L-10, 8626-18, 8626L-18, 8627-10, 8627L-10, 8627-18, and 8627L-18. The device administers drugs to a specific site in the body to treat pain, spasticity (continuous muscle contraction), and cancer. The is implanted in the patient, either with or without a side catheter access port, catheters, and catheter accessories. The models were recalled because there is a potential stall issue that affects infusion pumps with motors manufactured before September 1999. If a stalls, will stop suddenly and without warning. This stoppage will result in loss of therapy, return of the patient’s symptoms, and/or symptoms of drug under infusion or withdrawal. Healthcare professionals and patients with questions should contact the manufacturer.

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Financial Ties Are Cited as Issue in Spine Study

January 30, 2008

Some of the nation’s most prominent spine surgeons hailed it as a medical breakthrough.

In a study of nearly 240 patients with lower back pain, the doctors said that the , an artificial spinal disk, had worked much better than conventional surgery in which patients’ vertebrae were fused…

As it turns out, Dr. Zigler had more than a medical interest in the outcome. So did doctors at about half of the 17 research centers involved in the study. They stood to profit financially if the succeeded, according to confidential information from a patient’s settled last year.

Learn More: New York Times

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Cordis Corporation Dura Star RX and Fire Star RX PTCA Balloon Catheters

January 28, 2008

Cordis Corporation and informed healthcare professionals of a Class I of All Fire Star and Dura Star balloon catheters, lots 13173912 through 13315455, plus 52 additional lots above 13315455. Balloon catheters are used in a medical procedure (known as percutaneous transluminal coronary angioplasty or PTCA) to open narrowed or blocked blood vessels or arteries of the heart. The product has a potential for slow deflation or no deflation of the angioplasty balloon when inserted into the artery or other blood vessels. This may potentially result in a total blockage of the artery or blood vessels, resulting in a change in the heart rate or , injury to the heart artery, a , need for a surgical procedure, or death.

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Defective Alaris Pump Module Recalled

January 2, 2008

Cardinal Health notified its customers of a voluntary for all modules, model 8100 (formerly known as Medley module), shipped prior to September 27, 2007. The covers modules that were distributed to 46 States, the District of Columbia, Canada, Guam, Puerto Rico and Saudi Arabia. The module was recalled because the units may contain misassembled occluder springs (bent, broken, nested or missing) that occurred during manufacturing. Misassembled springs could lead to that could result in serious adverse or death. may be difficult to detect because the misassembled springs can work intermittently, and there is no warning or notification of an . See the manufacturer’s press release for a list of the serial numbers for the affected devices and how the manufacturer will work with customers to minimize disruption while completing an inspection of the devices.

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Medical Device Disaster

October 18, 2007

announced it was voluntarily suspending distribution of its defibrillation because a small number of fractures have been detected. As a result of ’s action, no more will be sold or manufactured and any remaining product should be pulled from inventory and returned to the company. Patients who are implanted with this lead are encouraged to contact their physicians for further information.

first notified physicians in March about the at that time and the proper method for implantation. Additional data on adverse events accumulated since then has prompted today’s action.

Implantable cardioverter defibrillators (ICDs) and -Defibrillators (CRT-Ds) are used to treat that can cause the heart to stop suddenly. ICDs and CRT-Ds shock the heart back into normal rhythm by sending a pulse of energy through an electronic wire or lead that is connected to the heart.

When a defibrillator lead is slightly more prone to fracture, it doesn’t mean that every lead will break. Most will function well, as is the case with . In the infrequent circumstance where a lead actually breaks, or “fractures,” the lead may send false signals that cause inappropriate defibrillator , or therapies such as pacing or may not be delivered.

Current adverse event information indicates that fractures have occurred in less than 1 percent of the approximately 268,000 of these implanted worldwide. We don’t know if this rate of adverse events will remain constant or increase over the life of these .

considers ’s action to be a product , as defined by regulations, and we will soon be issuing a classification for this action. We recognize that some patients and health care professionals might inappropriately interpret the word “” to mean that the devices must be surgically removed and returned to the manufacturer. Although the should no longer be implanted in patients, we do not mean to imply that these should be surgically removed.

The continue to function properly in the vast proportion of patients. Although there is no test to predict which lead will fracture, agrees with ’s recommendation that defibrillator settings be adjusted at the patient’s next scheduled follow-up visit with their doctor. Doing so may increase the likelihood that a fracture will be detected before a patient is harmed.

Neither , , nor representatives of the Society, recommend the routine surgical removal of a fractured lead because removal carries risks. Instead, physicians should weigh the benefits and risks of either continuing to use the lead with careful monitoring or capping the lead so it is no longer useable and implanting a different model.

Read the full statement from the FDA

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