Recalls
Before the 1990 SMDA, the FDA did not have the authority to order companies to recall hazardous products. Following SMDA, Part 810 was added to the CFR. When the FDA finds that there is reasonable probability that a device will cause serious adverse health consequences or death, it may issue an order requiring the company to cease marketing the product and to submit certain information to the agency. It may also order the company to recall any violative product in the distribution chain. Part 810 goes into rather extensive administrative procedures that both parties follow, and notes specifically that the recall information may appear in the weekly FDA Enforcement Reports on the FDA web site. While recalls and corrections do occur, a well-managed Quality System will minimize their occurrence.
Post-Market Surveillance
The FDA may require manufacturers to conduct post-market surveillance studies to
gather safety and efficacy data for certain high-risk Class II and Class III devices. 510(k)
or PMA applicants are notified at the time of submission as to whether their device will
be subject to post-market surveillance. This requirement comes into play primarily with Class III devices. Section 814.82 discusses post-approval requirements.
Tracking
Tracking is another regulation that was added following the 1990 SMDA. Part 821
describes the procedures that manufacturers of certain Class II or Class III devices (such as heart valves or infusion pumps) must set up so that they can track their medical devices down to the patient level. Like post-market surveillance, applicants will be notified during 510(k) or PMA submission as to whether their devices are subject to the tracking requirements. Cards or other feedback instruments are issued with a tracked device and are returned to the manufacturer by distributors and patients so that the manufacturer can provide a recipient list to the FDA upon request. Medical Device Reporting (MDR) The MDR regulation in Part 803 requires manufacturers and importers to report to the FDA within 30 days, whenever the firm becomes aware of information that reasonably suggests that one of its marketed devices: 1. Has, or may have, caused or contributed to a death or serious injury, or
2. Has malfunctioned, and that the device or a similar device marketed by the manufacturer or importer would be likely to cause or contribute to a death or serious injury if the malfunction were to recur User facilities are required to submit reports of deaths to the FDA within 10 days, and to the manufacturer within 10 days for serious injuries.