Trial Speed Seen as Key to Accelerated Approvals

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Three Hyman, Phelps & McNamara attorneys say the publication of FDA guidances on its new accelerated approval authorities in 12/2024 and 1/2025 provide a framework for how it plans to enforce its requirements that confirmatory trials for products receiving accelerated approval be “underway” and “conducted with due diligence.” Writing in their firm’s FDA Law Blog, the three say the guidances signal the agency’s intent to use authorities it was given in the Food and Drug Omnibus Reform Act of 2022 to ensure that clinical benefit be verified as quickly as possible and, if there is a concern a program will not verify benefit, to deny the initial accelerated approval.

“FDA has great discretion in what its expectations are for a study to be underway and conducted with due diligence,” the post says. “We now know that FDA can expect full enrollment of the study in some cases and merely expect initiation of enrollment in others.”

The post details the new authorities on the timely conduct of confirmatory trials as outlined in the two guidances.

The attorneys say FDA should be flexible in basing any adverse decisions on sponsors missing benchmarks and consider the factors included in the 12/2024 draft guidance on whether a study is being conducted with due diligence even from that early stage. “An agreement, a documented good faith effort, and open dialog between sponsors and the agency about such efforts and the difficulties encountered, we think, should carry significant weight in the short term to avoid regulatory action that may affect the availability of important treatments for patients,” they conclude.

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