FDA Denies Staple, Staplers, and Mesh Petitions

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FDA has denied three 2017 and 2018 petitions submitted by Chul-Hi Park, Ph.D., Seoul, Korea, asking the agency to prevent clearance for marketing any specific devices without proof of safety and effectiveness and retroactively regulating formerly cleared specific devices to provide similar data on safety and effectiveness. The agency response says the devices referenced in the petitions include implantable staples, surgical staplers used in the lung or digestive tract, and surgical mesh.

The petitions asked FDA to require that manufacturers of the devices perform a risk analysis and provide data from those performance tests, prospectively and retrospectively, the denial letter says. Park also asked that for retrospective review FDA develop a set of standardized performance tests that manufacturers would be required to conduct, publicize, and revise labeling accordingly.

“Your petitions have not illustrated that the performance data you recommend should be required to ensure that a device’s users can use the device safely and for the purpose for which it is intended,” the agency letter says. “The petitions offer no evidence that additional risk analysis should be performed by FDA or specific performance data should be required from manufacturers. While we are denying your petitions, we appreciate the information provided and note that FDA has recently made classification changes to internal staplers making them Class 2 devices subject to special controls, and we have issued new guidance with recommendations for labeling stapler devices, to include internal staples.”

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