Post Timely De Novo Summaries: Law Firm
Hyman, Phelps & McNamara senior medical device regulation expert Veronique Li and attorney Jeffrey Gibbs say FDA needs to improve its posting of de novo decision summaries. Writing online in their firm’s FDA Law Blog, Li and Gibbs say that whenever the agency grants a de novo request, it is supposed to issue a decision summary and classification order.
“Sponsors of a new 510(k) device can use the decision summary and classification order affiliated with the de novo to learn about what the de novo applicant submitted and build the case for substantial equivalence to the de novo device,” they write. “In effect, these documents serve as road signs helping to direct new market entrants.”
Although the de novo database is supposed to be updated weekly, Li and Gibbs found that between 2022 and 2024, only 28% had decision summaries posted.
Their review also found that some summaries have been missing for 529 to 822 days and counting. “FDA has not publicly explained why the decision summaries for de novos are not posted in a timely manner,” Li and Gibbs write. “FDA has said that these summaries need to go through multiple levels of review, but that cannot excuse delays or 500 days or more. The agency has done far better in posting 510(k) summaries, which are similar types of documents.”
The post says it is important that the summaries be posted in a timely fashion because delays unnecessarily hamper the ability of other companies to efficiently move through the 510(k) process, which also makes the review process less efficient for FDA.