Breakthrough Devices Could Aid Disadvantaged: Attorneys

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A 9/15 FDA update to its guidance on breakthrough medical devices says the agency may consider a device’s ability to improve health and healthcare disparities when deciding whether to award a breakthrough medical device designation. Writing in an online post, attorneys Thomas Greeson and Sung Park (Reed Smith) say the agency may use the information to determine whether a candidate device provides more effective treatment or diagnosis when compared to the current standard of care.

“We recommend that medical device manufacturers that are currently developing medical devices and reviewing whether their devices are eligible for the breakthrough device designation consider whether the medical device has the potential to address and improve health and healthcare disparities and inequity,” they write. “The potential to address such disparity or inequity may impact FDA’s analysis and determination. If the device addresses such disparities and/or inequality, the manufacturer should highlight this aspect to FDA, and explain how this may improve outcomes for patients and users.”

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