The Food and
Drug Administration (FDA) Notice: The Patient Preference Initiative: Incorporating Patient Preference
Information Into the Medical Device Regulatory Processes: Public Workshop;
Request for Comments
091813 meeting
http://www.regulations.gov/#!home
http://www.regulations.gov/#!home
Docket # FDA-2013-N-0865
Comment:
As the family
member of a harmed patient (FDA MedWatch #5009052) and a 5 year patient
advocate (FiDA Failed implant Device Alliance)(FDA Patient Representative
Workshop 9/2010) on the Federal level, I submit my comments. FDA must be tasked
to consider the far-reaching preventable harms of a failed implanted medical
device. A harmed patient is on an infinite protocol loop. Medical boards are
unreliable resources to stop aggressive and dangerous doctors who harm
patients. Often the actions of these quasi/governmental panels obfuscate and
protect the physicians and their entitlements even at the expense of patient
harm. The Joint Commission oversees hospitals, but is not a resource for
individual harmed patients. Hospital Trustees are not legally required to
receive communication from or meet with harmed patients. Hospital Patient
Affairs offices are staffed with Customer Service agents that are directed by
corporate lawyers. If a harmed patient attempts to hire a lawyer, the lawyer is
dissuaded by legislation that reduces judgments. Even a judgment for the
plaintiff (years later) leaves the harmed patient with only pennies on the
dollar when lawyer fees are collected. The harm from a failed implanted device
immediately relegates the citizen to second-class. The medical community has
entitlements that preclude harmed patients from accessing true justice. Often
there is no medical Plan B for an implant failure. The patient is in for a
lifetime of pain and suffering, as is the family. Along with this is medical
poverty and loss of income. This has occurred to thousands of U.S. citizens
(and globally) who have failed metal-on-metal hips and vaginal surgical mesh.
Financial accountability shifts from private entities that produced the harm to
the public realm where taxes support social welfare programs. Currently, joint
replacement is the #1 category of treatment expense for CMS. Much of this harm
is preventable at the legislative and regulatory level but harmed patients must
be heard and valued for the information they offer, not feared and
marginalized. Implanted medical devices require far greater scrutiny than the
510(k) process. Thank you for this opportunity to comment.
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