House Passes Cures Act, Sans Device Reporting Measure

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The day before the House approved (see related coverage) it 11/30, the Rules Committee denied a request by Rep. Louise Slaughter (D-NY) to add an 11th-hour amendment to the 21st Century Cures Act (see earlier story) that would have added an extra layer of adverse event reporting in order to improve medical device safety. Reps. Michael Fitzpatrick (R-PA) and Slaughter introduced the Medical Device Guardians Act earlier this year as advocates for patients allegedly harmed by power morcellators and the Essure birth control implant. Under the measure, the Food, Drug, and Cosmetic Act would be amended to require physicians and physician’s offices to be treated as covered device users that are required to report on certain adverse events involving medical devices. As such, a covered user would be protected from having their reporting to the agency used against them in a civil case.

During a discussion on the amendment, (watch the proceedings of the Committee here – at 8:30-11:30 minutes), Rules chairman Pete Sessions (R-TX) obviously dismisses the amendment and seems more interested in talking about the weather in Texas and Washington. Responding to Slaughter’s request, Rep. Fred Upton (R-MI) said it was too late to add the amendment because it was not added to the bill in earlier negotiations. He also appears not to understand the amendment, stating: “FDA has the authority to withdraw the device from market.” He noted that the agency has already has put a Black Box Warning on power morcellators because of their potential risks.

“What Upton doesn't appear to grasp is that this device was harming women for over 20 years without having been reported to the FDA — and that the Fitzpatrick/Slaughter amendment sought to rectify that by encouraging expert physicians to self-report problems to public health officials, observes patient advocates Hooman Noorchashm and Amy J. Reed, who was harmed by a morcellator. “Sessions and Upton had a real opportunity to address a system-wide hazard to American lives, and this wasn’t the first time Upton has ignored Fitzpatrick on this issue,” they wrote in a Philadelphia Inquirer online post. “When powerful politicians are more interested in the weather and in budget allocation than in saving lives, unsuspecting Americans will remain in harm’s way.”

 

 

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