https://actionnetwork.org/forms/tell-the-fda-reclassify-all-mesh-as-high-risk
Many thanks!
Joint replacements are the #1 expenditure of Medicare. The process of approving these medical devices is flawed according to the Institute of Medicine. It is time for patients' voices to be heard as stakeholders and for public support for increased medical device industry accountability and heightened protections for patients. Post-market registry. Product warranty. Patient/consumer stakeholder equity. Rescind industry pre-emptions/entitlements. All clinical trials must report all data.
Please share what you have learned!
Twitter: @JjrkCh
Tuesday, October 28, 2014
Sign this petition to have all surgical mesh reclassified to high risk!
Labels:
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AMS,
Boston Scientific,
CDRH,
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POP,
stress urinary incontinence,
SUI
Friday, October 10, 2014
"PROVE IT !!!" M-o-M hips, pelvic surgical mesh, Essure birth control . . .
By Sabriya Rice
Posted: October 8, 2014 - 3:15 pm ET
Tags: Costs, Medical Devices, Medical Technology, Quality
“Prove it.” That was the resounding message to medical-device manufacturers during the annual
Advanced Medical Technology Association
conference in Chicago this week. Innovation is needed to advance medicine and
better patients' quality of life, but gone are the days of sticking higher price tags on
products that only provide incremental improvements, the leaders of health
insurance companies, health systems, quality improvement and consumer
organizations told the industry.
“We don't want to squelch innovation,” said Dr.
Scott Josephs, national medical officer for the health insurance provider Cigna Corp. “But tell me what I'm getting for
my healthcare costs. Show me that these new technologies are superior,” he told
the audience during a session Wednesday morning.
Related Content
Josephs was joined on the panel by Susan DeVore,
president and CEO of the health improvement organization and group purchasing
organization Premier; and Mark Neaman, CEO of the Chicago
area's NorthShore University HealthSystem. An essential element in the aim for
higher efficiency will be the need to more critically assess the value of new
innovations, the panelists said.
“If it's
clinically appropriate but equally efficacious to existing technology, then
frankly it's just adding costs to the system,” Josephs said. “That's not
something we would prefer.”
Fee for service is dead and the current landscape
“is a bit chaotic,” noted DeVore, who said health providers are in the process
of integrating what has been a fragmented industry. In light of that, the old
ways of doing things are not going to suffice, Neaman said. “The stakes are
very high for us as providers,” he told the audience.
New payment models aimed at improving efficiency
and getting a handle on costs have proliferated quickly in recent years,
nurtured by provisions of the Patient Protection and Affordable Care Act.
Many providers are joining accountable care organizations, which are
risk-sharing mechanisms available through government payers like Medicare as
well as private payers, in which members agree to strive for cost and quality
targets and share savings or losses.
Monday, AdvaMed promoted an industry-funded white paper based on the
responses of officials from nine unnamed health insurance companies who were
interviewed about their movement toward pay-for-performance and risk-based
contracts. Officials from five insurers said they had become more selective
about approving coverage for new technologies in the past three years. Four
said they plan to demand
more evidence before covering products. All said costs were driving
their organizations to explore new reimbursement models.
The trade group representing medical-device
manufacturers worried these rapidly burgeoning pay-for-performance and
risk-based reimbursement models will result in what AdvaMed CEO Stephen Ubl
called “unintended consequences.”
Too many of the arrangements emphasize cost targets
over quality benchmarks, said Joe Almeida, the trade group's chairman as well
as CEO of the medical-device manufacturer Covidien. “They run the risk of
really tipping too far, so physicians have incentive not to adopt things that
really benefit patients,” said David Nexon, an AdvaMed senior vice president.
Health economists countered that the white paper
may have overstated those concerns and that it's hard to make the
extrapolation. Insurers agreed, saying truly superior innovations would not be overlooked, even
if they come at higher costs. And most health officials interviewed by Modern
Healthcare said the key factor is the proof.
“The thing
that's been missing from the model until now is the evidence,” said Diana
Zuckerman, a researcher who has been critical of the Food and Drug
Administration's procedures for approving and monitoring medical devices.
The federal
agency's recent plans for an accelerated approval pathway for some medical
devices has been met with criticism by consumer advocates who say such efforts
put patients in danger.
During a conference session on Tuesday afternoon, FDA Commissioner Dr.
Margaret Hamburg said that as science and technology advance at extraordinary
rates, the agency wants to stay up to speed as a partner with the medical technology community. A
more efficient system overall will allow for the delivery of new science and
technology for patients in more reliable and cost-effective ways, but the emphasis
on speed doesn't mean a step away from scientific rigor, she said.
As new products make their way to the forefront, no
matter how rapidly, the
onus is increasing for manufacturers to ensure that providers are convinced the
innovations are worth the financial investment.
It's not about the lowest price point, that's just
one part of the overall value equation, Cigna's Josephs said. It's about having
more data and conceiving of partnership arrangements to help get there,
according to Premier's DeVore. “Bring your evidence and data, and bring a willingness to collaborate
and take risks,” she said.
Follow Sabriya Rice on Twitter: @MHsrice
Labels:
AdvaMed Covidien,
Cigna,
FDA,
implant,
Modern Healthcare,
National Center for Health Research,
Premier,
product warranty,
Sabriya Rice
Dallas, TX, USA
Chicago, IL, USA
Monday, October 6, 2014
Criminal?: Scottish Surgical Mesh Scandal
Revealed: Two doctors on mesh safetyreview team linked to makers of controversial devices
By
Marion Scott Daily Record (UK) FiDA highlight
HEALTH Secretary Alex Neil under
fire after victims claim the government
probe into mesh implants is being rigged to give operations the
all-clear.
Health
Secretary Alex Neil
TWO doctors
on the government team reviewing the safety of mesh implants have links to the
makers of devices used in the controversial surgery.
The
appointments have fuelled concern of campaigners that the review has been
weighted to support the continued use of the procedures, which have left women
around the world crippled and led to multi-million-pound compensation payments.
Ash Monga and Karen Guerrero have been paid by
Ethicon, the makers of a mesh product called Gynecare.
Dr Monga
described himself as a “consultant for Gynecare” in a 2009 medical research
paper.
Dr
Guerrero, a surgeon at Glasgow’s Victoria Infirmary, received “educational
sponsorships” – including payments and travel costs – from Ethicon and another
major mesh manufacturer called Bard.
Dr Karen
Guerrero
He won
plaudits in June after apparently suspending mesh procedures when Hear Our
Voice campaigners, supported by the Sunday Mail, gave evidence to reveal how
they have been left in crippling agony by mesh, used to treat prolapse and
bladder problems.
At the
time, Neil said: “I’m proud Scotland has taken this stance and I believe we are
leading the way on what is a significant global problem.”
But we revealed the anger of campaigners last
week after discovering government medical advisers wrote to hospitals within
weeks of Neil’s announcement to say the suspension was voluntary and encouraged
them to use mesh on patients as part of clinical trials.
Yesterday,
politicians and campaigners raised new concerns about the appointments to the
review body to establish if there are any conflicts of interest.
Scottish
Labour’s shadow health secretary Neil Findlay said: “It is outrageous that,
after taking over a year to reach a decision on mesh implants, the Health
Secretary has appointed doctors to the review who might appear to have a vested
interest.
“Those
affected have been through far too much in the past few years and this latest
development is simply inexcusable.”
Mesh
product
Olive
McIlroy, of Scottish Mesh Survivors, said: “We are dismayed that people
appointed to carry out this vital review have such links to the manufacturers
who profit from the use of these devices.
“Alex Neil promised victims would be at the very
heart of the independent review but it feels very much like we are lone voices
pitted against the country’s most powerful mesh supporters.”
Ethicon, a
subsidiary of Johnson
& Johnson, have twice had their TVT-O device declared as “defective”
by a US court.
It has also
emerged that Gibraltar-born Guerrero was among 23 signatories backing an
objection to Neil’s suspension of mesh use in the NHS in June.
Dr Guerrero
backed the call made by Aberdeen-based urology consultant Mohamed Abdel-Fattah
asking for mesh trials to be exempted.
Abdel-Fattah,
who has also received “travel sponsorship” from Ethicon, was supported by two
other members of the review group, Professor Charis Glazener and consultant
urologist Voula Granitsiotis.
Ethicon’s
Lucinda Macari said: “Ethicon, in conjunction with the Association of British
Healthcare Industries, are supporting efforts by the Scottish Independent
Review to gather full and accurate information about pelvic mesh products.”
The Scottish Government said: “This must be an entirely independent
review and will be completed as such.”
By
Marion Scott Daily Record (UK)
MARTHA Salazar's case in Dallas,
Texas – the second major victory for mesh victims in America within days –
prompts new calls for criminal inquiry in Scotland.
Campaigner
Elaine Holmes in the Scottish Parliament.
AN American
mesh patient has been awarded £60million compensation by a US court.
Martha Salazar won the huge
payout after the court in Dallas, Texas, heard that the Obtryx implant made by Boston Scientific was
defective.
They jury
was also told that the manufacturers had failed to properly test the device on
humans.
It was the
second major victory for mesh victims in the States within days.
Earlier
this month, Jo Huskey
was awarded damages totalling £3million by a West Virginia court for pain and
suffering caused by a TVT-O mesh
implant made by Johnson & Johnson firm
Ethicon.
Both these
mesh devices were given to Scottish women on the NHS before the procedures were
suspended pending safety reviews after an outcry by mesh victims.
The US
payouts have led to politicians and victims calling for the Scottish Government
to sue manufacturers and launch a criminal probe.
Labour’s
shadow health secretary Neil Findlay said: “These cases are proof, if any
further evidence is needed given the hundreds of women injured here, that the mesh scandal is shaping up to be a very big issue for Scotland’s
NHS.
“It’s high
time the Scottish Government challenged the manufacturers over the catastrophic health problems
these devices have inflicted on so many women.
“If there’s evidence of clinic data and trial
evidence being deliberately withheld, criminal action should be considered.”
Elaine Holmes,
of Scottish Mesh Survivors, added: “A car manufacturer who did this would face
a criminal investigation and lengthy jail sentences. It should be the same for
mesh manufacturers.”
Lawyer
Cameron Fyfe, who is acting for over 400 women involved in the biggest-ever medical legal
action in Scotland, said: “Potential damages in
Scotland would be a
fraction of those in the US but we expect to have similar success.”
Gareth Easton
Scottish
Health Secretary Alex Neil
Health Secretary
Alex Neil suspended mesh operations in March pending an independent
safety review.
It followed
a Sunday Mail campaign which exposed the hidden agony of hundreds of women
given mesh implants to treat incontinence and bladder problems.
Labels:
Alex Neil,
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Scotland,
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Dallas, TX, USA
Scotland, UK
Friday, October 3, 2014
Buy! Buy! Medical Device Indu$try Consolidate$/Invert$: Follow the Money
FiDA
highlight
Posted: October 2, 2014 - 1:45 pm ET
Device maker payments to providers
Aug. 1, 2013-Dec. 31, 2013
Device maker
|
Payment
|
Zimmer*
|
$17,428,680.83
|
Medtronic*
|
$13,024,707.80
|
Boston Scientific
Corp.*
|
$8,882,851.72
|
Stryker Corp.
|
$8,742,778.75
|
Intuitive Surgical
|
$8,638,153.40
|
Created with Datawrapper
Five prominent medical-device makers gave a total of $56.7
million to doctors and teaching hospitals from Aug. 1-Dec. 31, 2013, for
research and general purposes, according to a Modern Healthcare analysis of
data posted on the new Open Payments website.
Leading the list of devicemakers is Warsaw,
Ind.-based Zimmer, which gave $17.4 million, followed by
Minneapolis-based Medtronic, which gave $13 million. Medtronic
competitor Boston Scientific gave $8.8 million.
Competition among devicemakers has been intense,
and the companies have been pursuing mergers and acquisitions and new contract models
with providers, which view high-cost supplies as an area to cut
costs. Zimmer, which makes orthopedic reconstructive, spinal and trauma
devices, dental implants and related surgical products, is pursuing a $13.35 billion
acquisition of competing orthopedic manufacturer Biomet. Medtronic
announced plans to buy surgical supplier Covidien for $42.9 billion as the sector continues to consolidate.
The data were published on the Open Payments website, which was required by
the Physician Payments Sunshine Act, a provision of the Patient Protection and
Affordable Care.
*Zimmer recently purchased Biomet: the only manufacturer that provided patients a warranty on
product.
*Medtronics will
avoid paying U.S. taxes, as it employed ‘inversion’ to acquire a foreign
company and claim that as its corporate headquarters.
*see FiDA post on Salazar v Boston Scientific Obtryx surgical
mesh 73M verdict: the company
executives were aware of the irreversible, permanent, catastrophic harm and the
MSDS stating that pp mesh product should not be implanted in humans and did not
inform the implanting surgeons and patients.
_______________________________________________________________________
September 30, 2014 LA Times
Opening the book on long-hidden industry
relationships, the federal government revealed nearly $3.5 billion worth
of payments and other ties that U.S. doctors and teaching hospitals have with
drug and medical-device companies.
These financial details, published
Tuesday under a requirement in the federal health law, have been sought for
years by patient advocates and lawmakers from both political parties concerned
about conflicts of interest in the medical profession.
Initially, the new federal website includes 4.4 million payments made during the last
five months of 2013. More data will be published next summer.
Database
Officials said the data cover
financial transactions involving about 546,000 physicians and 1,360 teaching
hospitals across the country.
Consumer advocates hope the
increased disclosure will ultimately
help curb unethical practices by some doctors who prescribe medications and
devices after receiving large sums from manufacturers, possibly putting patient
care at risk.
Physicians and academic medical
centers defend industry collaboration as essential to advance research into
life-saving treatments. They have also questioned the accuracy of the
government data.
The Physician Payments Sunshine Act
was included in the Affordable Care Act that President Obama signed in 2010
amid growing demands for more openness in the U.S. healthcare system, which
historically has shielded doctors, hospitals and other medical providers from
much public scrutiny.
“The Sunshine Act is a watershed
moment,” said Susan Chimonas, associate director of research at Columbia
University's Center on Medicine as a Profession. “It’s a tantalizing first look
at what kind of industry ties doctors have.”
In the last several years, the
Obama administration has published data on how much hospitals charge for
medical procedures and how much the massive federal Medicare program pays
individual physicians.
At the same time, hospitals,
nursing homes and others are being required to report an increasing number of
quality measures to the federal government, which posts the data on a public
website.
These industry payments have long
been a target for patient advocates concerned about the huge sums companies
expend to woo physicians with speaking fees, luxury trips and meals.
“It’s a widespread practice that
does influence the kind of care patients get,” said Lisa McGiffert, manager of Consumers Union’s Safe Patient
Project in San Francisco. “This exposure will require everybody to talk
about something that’s been underground.”
In one national survey, nearly 30%
of doctors said they received money for consulting, giving lectures or
enrolling patients in clinical trials.
Medical groups have cautioned that
the data on payments risk jeopardizing crucial collaborations that have helped
foster medical breakthroughs that benefit patients.
“If the information made available
to the public involves dollar amounts without full context, it can lead to
gotcha-style news stories and healthcare providers facing the presumption of
ethical wrongdoing even when they have done nothing wrong and their work is
benefiting patients,” said Mary Grealy, president of the Healthcare Leadership
Council, an association of medical industry leaders.
Major medical societies, including
the American Medical Assn.,
have expressed concerns about the increased disclosures about physicians, often complaining that
the data are not always correct.
In advance of the release of the
new payment data, medical groups renewed their complaints that physicians had
not been given adequate opportunity to review the information before it was
published.
Dr. Shantanu Agrawal, a deputy
administrator at the Centers for Medicare & Medicaid Services, said the new
database "does not
identify which financial relationships are beneficial and which could cause
conflicts of interest. It simply makes the data available to the public."
The government website details a
wide range of payments and financial information, from consulting fees, meals
and travel expenses to physician
ownership stakes in medical companies.
But the Obama administration said
about 40% of the records published Tuesday don't include physician names
because officials are still working to confirm the accuracy of the payouts. An additional 199,000 records
are being withheld for now because they are either exempt from the reporting
requirement or under dispute, federal officials said.
The law requires medical companies
to report payments and gifts to physicians that exceed $10.
U.S. Sen. Charles E. Grassley (R-Iowa) authored the Sunshine Act after
numerous investigations into conflicts of interest among physicians. He said
the rollout may be rocky but the data will eventually become a valuable
resource for consumers, insurers and taxpayers.
"It should empower consumers
to learn whether their doctors take payments and if so, why and whether that
matters to them," Grassley said.
Twitter: @chadterhune @noamlevey
Tuesday, September 30, 2014
A RED LETTER DAY! WSJ and FAILED IMPLANTED MEDICAL DEVICES
Watch this video and share!
Medical Devices Lack Safety Evidence, Study Finds
Researchers Say Public Data Unavailable on Majority of Newly Approved Devices
The majority of moderate- to high-risk medical devices approved by the U.S. Food and Drug Administration lack publicly available scientific evidence to verify their safety and effectiveness despite requirements in the law, according to a study released Monday.
Researchers reported in JAMA Internal Medicine that 42 of 50 selected medical devices cleared by the FDA over five years lacked such data, despite a 1990 law calling for sufficient detail to justify their FDA clearance. The law calls for public data about studies, which may include clinical studies, involving human patients.
"If wonderful studies are being done, there is no evidence of this, and there's no way for the public to see it," said Dr. Diana Zuckerman , a study author and president of the National Center for Health Research, a public health think tank in Washington. "It's shocking how little information is available despite an FDA leadership that talks about transparency."
The study's authors, who were from the health-research center, called for better enforcement of that law.
In response to the findings, the FDA said that it "reviews a significant amount of data—far more than what is publicly available." The agency said its approach "has served the American public well by balancing the need for robust evidence to assure safety, while expeditiously bringing new technologies" to the market.
At issue is a type of medical-device approval under which about 400 implanted devices annually—the majority of moderate- to high-risk ones—are cleared by the FDA for marketing.
Under that system, called a 510(K) review, the company doesn't have to conduct studies in human patients, as is generally the case with drug approvals, although it may. Most devices can get FDA clearance simply by showing that they are roughly equivalent to another product, called a predicate device, that is already on the market. The theory is that if the older device has proved safe and effective, the new one should be also.
The 510(K) process has led to cases like metal-on-metal hips, which can leave metal filings in the body.
But the Safe Medical Devices Act of 1990 required companies to make publicly available evidence of why the new product truly is comparable to the old one; the evidence can include studies of patients, known as clinical trials, but it isn't necessary.
The Institute of Medicine, the research branch of the National Academy of Sciences, in 2011 called for an overhaul of this type of FDA clearance, saying in a report that "reliance on substantial equivalence cannot assure that devices reaching the market are safe and effective."
"A lot of these are high-risk devices that get on the market with no studies at all," said Dr. Rita Redberg , medical professor at the University of California, San Francisco, and the chief editor of JAMA Internal Medicine. "When there are studies, they're not available" for the public to see.
She said that she sees no evidence that the leadership of the FDA under the Obama administration has heightened the level of safety assurance required.
Write to Thomas M. Burton attom.burton@wsj.com
CUSTOMER SURVEY: What do you think of the FDA/CDRH? They want to know!
https://www.research.net/s/cdrhcustomerservice?S=ew
HOW MUCH AUTHORITY DOES THE FDA HAVE?
More links:
http://www.cbsnews.com/news/not-enough-safety-testing-on-medical-implant-devices-studies-claim/
CUSTOMER SURVEY: What do you think of the FDA/CDRH? They want to know!
https://www.research.net/s/cdrhcustomerservice?S=ew
HOW MUCH AUTHORITY DOES THE FDA HAVE?
More links:
http://www.cbsnews.com/news/not-enough-safety-testing-on-medical-implant-devices-studies-claim/
Wednesday, September 24, 2014
Update: Sign this petition to ban uterine morcellation device.
FiDA UPDATE:
http://www.cancerletter.com/articles/20141126_1?utm_content=buffera6f9c&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer
http://petitions.moveon.org/sign/campaign-against-morcellatio.fb49?source=s.fb&r_by=10266987
PLEASE SIGN THIS PETITION AND SHARE !!
http://www.cancerletter.com/articles/20141126_1?utm_content=buffera6f9c&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer
Urgent FDA Action Turns Power Morcellation Into Rarely Used Gynecological Procedure
A Karl Storz power morcellator, one of the devices that will be affected by FDA's latest guidance. This model was used in a Brigham & Women's Hospital study testing the ability of containment bags to reduce the risk of cancer dissemination. That study has been halted.
By Matthew Bin Han Ong
The power morcellator should no longer be used for hysterectomies or fibroid removal in the vast majority of women getting these procedures, FDA declared in a highly anticipated guidance document Nov. 24.
Using a new authority that bypasses public comment, the agency stopped short of imposing an outright ban on the device, but severely restricted its use in the following manner:
• The agency placed a “black box” label on the device, warning that the use of power morcellators during fibroid surgery may spread cancer and decrease the long-term survival of patients. The boxed warning is FDA’s sternest warning for significant risk of serious or life-threatening adverse effects.
• The agency’s guidance decreed that power morcellators are contraindicated for removal of uterine tissue in menopausal and post-menopausal women, and in women who are eligible for surgeries that remove uterine tissue intact i.e. through the vagina or mini-laparotor.
• Similarly, power morcellators are now contraindicated in gynecologic surgery in which the tissue to be morcellated is known or suspected to be cancerous.
Categorized as a Class II moderate-risk surgical device by FDA, the power morcellator is used to cut tissue into small fragments for removal through small incisions. When used in patients with undetected or missed uterine cancers, the device spreads malignant tissue in the patient’s abdominal cavity, rapidly upstaging the disease (The Cancer Letter, July 4).
FDA’s move is expected to adversely impact minimally invasive surgical gynecologists, who made power morcellation a routine procedure, which is performed in a subset of an estimated 50,000 to 100,000 women who undergo laparoscopic procedures for hysterectomy each year in the United States.
Class II devices are cleared through the 510(k) process, which applies to new devices that are based on comparability to predicate devices already in use. Only Class III high-risk devices require an FDA premarket approval application.
Here, semantics mean a lot: the standards for Class II clearance aren’t as rigorous as for Class III approval.
This week’s FDA guidance does not reclassify the power morcellators. It is unclear whether FDA intends to re-categorize power morcellators or require manufacturers to resubmit the devices for approval as Class III devices.
In its decision, the agency cited its earlier estimate that one in 350 women who are undergoing hysterectomy or myomectomy for fibroids is found to have an unsuspected uterine sarcoma. The American Association of Gynecologic Laparoscopists disagrees with the estimate, citing international data reporting lower prevalence rates.
“The FDA decision today is based on what we believe is best for patients,” William Maisel, deputy director for science and chief scientist at the FDA’s Center for Devices and Radiological Health, said at a press call Nov. 24. “The contraindications cover the vast majority of women who would undergo morcellation during myomectomy or hysterectomy, which should reduce the use of the device in patients at greatest risk.”
The contraindications are so broad that they make morcellation appropriate only for young women who may choose, after a consent process, to undergo the minimally invasive procedure to preserve their ability to bear children.
The agency’s decision comes nearly a year after former Harvard physicians Amy Reed and Hooman Noorchashm launched a vigorous campaign that drew FDA’s attention to the issue (The Cancer Letter, July 4).
“I think it’s a good first step, or second step after the April advisory,” said Rick Kaitz, a Boston attorney whose wife, Erica, died after her leiomyosarcoma was upstaged by power morcellation performed at Brigham & Women’s Hospital, a Harvard-affiliated institution (The Cancer Letter, Nov. 21).
“In most circumstances, I can’t imagine that this industry is going to continue to survive at the moment. I think FDA’s decision is strong enough to significantly impact the nature of the practice,” Kaitz said.
“Drs. Reed and Noorchashm should be really saluted for the amount of progress they’ve made within a relatively short period of time. I know for all of us it seems like forever, but I’m very encouraged.”
Immediately in Effect
This is the first time FDA has used an authority, called the “Immediately In Effect” guidance.
According to Maisel, the IIE was created by CDRH to act swiftly on issues that the agency would normally respond to with a routine guidance.
“We didn’t feel that issuing this guidance in draft form, and waiting for a comment period, and then finalizing it, is in the best interests of the public health,” Maisel said at the press call.
Bill Vodra, a former FDA associate chief counsel for drugs, said the agency’s rapid response is extraordinary.
“The timeframe of this is pretty astoundingly fast, for me at least,” Vodra said to The Cancer Letter. “If you get people who understand the system i.e. doctors who become patients, they can push much more aggressively than the ordinary consumer can. What I’m most impressed by here is how quickly they’ve done this.”
Vodra helped draft many agency regulations still in use, including those implementing the Controlled Substances Act and FDA’s rules for Good Manufacturing Practices, Good Laboratory Practices, Good Clinical Practices, bioequivalency and the Orange Book.
“Compare how long it took FDA to address this issue, with, let’s say, the surgical mesh that was being used a couple of years ago—that took years for FDA to finally get around to do something about it,” Vodra said.
The American College of Obstetricians and Gynecologists, a 58,000-member professional society, said it would seek additional clarification of the agency’s guidance.
“We are pleased that the FDA’s action takes steps to enhance patient safety while allowing the appropriate use of power morcellation in gynecologic surgery for select women,” Hal Lawrence, executive vice president and CEO of ACOG, said in a statement. “The FDA’s clarification of contraindications for morcellation will help to ensure that only women at low risk for an occult malignancy will undergo laparoscopic hysterectomy or myomectomy with morcellation.
“However, we look forward to working with the FDA to provide additional clarification regarding certain language within the contraindications that could be confusing to patients and physicians.”
AAGL, another professional society, characterized FDA’s action as a setback.
“Abandoning power morcellation technology for many patients undergoing minimally invasive myomectomy, supracervical hysterectomy, or hysterectomy for a large uterus will be a setback in the care of patients with gynecologic conditions,” Franklin Loffer, AAGL medical director, said in a statement.
Observers: FDA “Severely Restricts” Device Use
FDA-watchers said the agency’s decision would likely eliminate power morcellation as a routine surgical procedure in gynecology.
“FDA’s statement is going to discourage a significant amount of use, assuming that most of these procedures are being done in post-menopausal and menopausal women. That’s a pretty clear statement. They want this to drop substantially,” said Vodra, a retired partner of Washington, D.C., law firm Arnold and Porter. “If 80 percent of the women who undergo power morcellation are peri- or post-menopausal, then 80 percent of these procedures shouldn’t be done anymore.”
“The contraindication means no rational person would use the product this way. So that’s really saying, ‘No doctor out there should use this. If a doctor goes ahead and uses it, it’s not malpractice per se, but, in many or some jurisdictions, it shifts the burden of proof from the patient to the doctor.’”
Normally, in a medical malpractice case, the patient has to show that the doctor did not follow the standards prevailing in his or her community at the time that a procedure was done or a drug was used.
“Now, any physician that continues using power morcellators, and any device company which still wishes to sell and promote these devices will be taking a huge risk in the liability arena, both medical and otherwise,” said David Challoner, emeritus vice president for health affairs at the University of Florida. “It’s de facto, not de jure.”
Challoner chaired the Institute of Medicine committee tasked by FDA and Congress in 2009 to review the 510(k) process that clears Class II devices such as the power morcellator based on predicate devices.
“I see FDA’s action as severely restricting the use of morcellation in the treatment of uterine fibroids,” Challoner said. “That’s a very desirable outcome, and it’s only slightly second-best to just banning the instruments from the market completely.”
More insurance companies may refuse to pay for power morcellation as a result of FDA’s guidance. Several companies have ended payments for the procedure prior to the guidance (The Cancer Letter, Nov. 21).
“It would be up to the insurance company and the laws governing insurance,” Vodra said. “Clearly, they could refuse to pay for any procedure that is contraindicated. But normally, a boxed warning would not be disqualifying from reimbursement.”
FDA said it would continue to consider other steps that may further reduce the risk of spreading unsuspected cancer, including preoperative cancer detection methods, or containment devices, such as bags, that can prevent dissemination of malignant tissue.
The Brigham & Women’s Hospital has halted a controversial study that combined power morcellators with “containment bags” intended to capture tissue during gynecological surgery.
Key Advocates Call for Ban
Reed and Noorchashm, the couple who led the campaign against morcellation, called FDA’s decision a “failure.”
“This is a massive and monumental failure in federal regulation,” Noorchashm said to The Cancer Letter. “From a scientific, clinical, surgical and common sense perspective, it’s very clear that you don’t mince up tissues that have any degree of malignant potential inside a patient’s body.
“The FDA was confronted with this problem. They chose to not definitively regulate this problem, and that is clear demonstration of regulatory incapacity. They were given a binary decision to make and they failed. This should tell anyone with a remote understanding of the issue that the FDA is a captured agency—beholden to industry interests over patient safety.”
Reed said banning the device is the only appropriate action.
“People say we should be thankful that we’ve gotten as far as we have, that it moved as it did and we raised the level of awareness,” Reed said. “But I have to say, overall, I’m overwhelmingly disappointed with the whole decision. There is no question in my mind that they should have outright banned it, and I’m not sure what they thought they were overreaching if they did.”
FDA’s Maisel said that banning power morcellators would require doctors and patients to choose other options—typically more invasive surgery.
“Banning laparoscopic power morcellators would completely remove them from the market for all patients in all indications,” Maisel said. “We recognize that there are risks associated with all fibroid treatment options, and we believe there is a very small population in whom the benefits for this procedure.
“When the patients are appropriately informed of the potential risks, and that the potential benefits may outweigh the risks, the individual women may choose to have their procedure done, knowing the potential benefits and risks.”
Maisel said the key to preserving fertility in some women is to minimize the damage to the uterus.
“We recognize that some younger women who are interested in maintaining their ability to have children or wish to keep their uterus intact after being informed of the risk, may be candidates for this procedure,” Maisel said at the press call. “Younger women present a lower risk of having underlying cancer than older women.
“Doctors and patients should determine if the patient is in an appropriate patient, together, and the agency believes that women should have this option available to them should they wish to preserve their fertility and they are informed of the risk.
“Being able to remove the fibroid and reduce the risk of adhesions that might be associated with a traumatic surgery can help preserve fertility,” Maisel said. “Some clinicians specialize in this area, and believe that it is an important tool that needs to remain available.”
Reed and Noorchashm disagree.
Reed said no data exist to show that fertility is adversely affected in laparotomies vs. laparoscopic removal of fibroids with power morcellation.
“Firstly, I would like to see the data that mini-laparotomy versus full laparoscopy for fibroids has a detrimental impact on fertility,” said Reed, formerly an anesthesiologist at Beth Israel Deaconess Medical Center. “That’s what they are saying, that adhesions by mini-laparotomy would negatively impact the fertility of women, so they should be allowed to opt for it. I know of no data that supports that claim.”
“For such a data heavy driven argument I want to know who said that this was a problem and based on what? Because the adhesions caused by spraying a huge fibroid around likely are as significant as a laparoscopic dissection and mini-laparotomy.”
“And I think that is the important point: it’s power morcellation vs. laparoscopic dissection and mini-laparotomy, not full laparotomy.”
Reed underwent power morcellation at Brigham & Women’s Hospital in October 2013. The procedure upstaged her previously undiagnosed leiomyosarcoma, which was then aggressively treated. The disease is now in remission.
“Because of the wording of the FDA, women will still be on that table having power morcellators used at the discretion of the physician,” Reed said to The Cancer Letter. “Secondly, I would like the FDA to clarify what its intentions are in regards to studying containment devices. Knowing the potential for harm is great, is this something they intend to support human experimentation on? They clearly state that this is an area that they will watch closely. Will this be done in animals, or will they permit this to be done in humans? Surely one would think not.
“I think the FDA has some serious explaining to do.”
Noorchashm said that alternative uterus-sparing surgeries are available.
“You don’t need to use a morcellator to do a myomectomy, which is what is meant by a ‘uterine sparing’ operation. Morcellators are only used to extract the tissue from small incisions,” said Noorchashm, a cardiothoracic surgeon who formerly practiced at Brigham and who is now at Thomas Jefferson University. “To perform a uterine sparing operation, these surgeons can dissect out the problematic myomas they’ve ascertained are not malignant using intra-op or pre-op biopsies. Then, they take out the bagged myomas through a small incision. It’s really that simple. There is absolutely no need to use a morcellator.”
“You can, perfectly well, either by using laparoscopic or robotic devices, do a myomectomy and remove the myoma from the body without power morcellation through a small incision at the end of the operation. I think the concept that a uterine sparing myomectomy requires a morcellator is a smokescreen created by device advocates and gynecologists—it’s hogwash.”
Several members at an FDA advisory committee hearing in July expressed a desire to avoid any kind of morcellation of tissues (The Cancer Letter, July 25).
“Myomectomy, in and of itself, isn’t an oncologically safe procedure. There is a conundrum there,” Reed said. “But you don’t have to make it worse by spreading everything all over the abdominal cavity with power morcellation.”
Vodra: 510(k) Does Not Necessarily Protect Consumers
Pre-menopausal young women who elect to undergo power morcellation could be waiving the ability to claim medical malpractice against their physicians, if they are harmed by the surgery.
“If a woman is pre-menopausal and elects to undergo power morcellation, then if she has been warned by the doctor that these are the risks and benefits, and she then chooses the procedure, she probably has no claim whatsoever against the doctor,” Vodra said. “When a doctor uses the normal standard of care, in which you’d advise a patient before a surgery on what the risks are, the patient can opt to have it or not have it.”
However, doctors can be vulnerable in these situations if they fail to exercise due diligence.
“I could see situations in which, for example, the doctor did not do any medical history to determine whether the patient was at risk of uterine cancer, and did nothing to check or test whether this patient could have a cancer,” Vodra said.
“If there is a blood test available at some point and he didn’t run the blood test before he did the procedure, that could lead to malpractice.
“The doctor cannot say, ‘What do you want me to do?’ The patient’s not an expert, the doc is, and has an obligation to exercise due diligence according tothe standard of care in the community before surgery is done.”
Young women should not be subject to the risks of power morcellation when there are alternatives, Reed said.
“I had some degree of health literacy, but what do you do with somebody with a third grade education? What do you with somebody with prejudices against the medical establishment, and there are issues with fertility and management?” Reed said. “There are entire subsets of population who look at all this very differently than Hooman and I do.
“There are a lot of women who’d say, ‘I don’t want you to be taking my fertility away,’ even if they have no intention of having children. That’s a touchy subject, but again, you can do without morcellation.
“FDA is very quick to trash drugs that do not meet safety and efficacy criteria, but on the other hand, here’s a dangerous device, and it’s not banned. What’s the hold up?”
Vodra said the premarket requirements for drugs, and for Class II devices such as the power morcellator are very different.
“In the drug arena, drugs have to be shown to be safe and effective for a specific use in order to get them into the marketplace,” Vodra said. “In the device arena, you don’t have to.
“The 510(k) process means you simply have to show that you’re substantially equivalent to another device that’s in the marketplace. You don’t have to show that you’re effective at doing anything, and in a lot of products—like the scalpel—you don’t need to.
“If I read the history of the power morcellator right, it was cleared for one purpose, and doctors started using it for a different purpose, so that’s where the problem arose.
“That’s where drugs and devices differ. Almost all drugs have to be shown to be effective for a specific use before they can get to the market for any use, whereas devices don’t have to do that.
“That’s what the 2011 IOM report on the 510(k) is about. The 510(k) is not protecting the consumer in the way people think it is.
“People thought that the devices that were cleared are safe, but they are not approved. FDA approves products that are safe and effective, but it clears devices that can prove to be equivalent to something else.”
Copyright (c) 2014 The Cancer Letter Inc.
http://petitions.moveon.org/sign/campaign-against-morcellatio.fb49?source=s.fb&r_by=10266987
PLEASE SIGN THIS PETITION AND SHARE !!
courtesy of American Recall Center
Dr. Hooman Noorchashm has spearheaded this effort because his wife, Dr. Amy Reed is one of the victims of this FAILED and essentially unregulated device that spreads and upgrades undetectable cancerous tissue in the uterus. There are other alternatives for hysterectomy that do not expose women to this PREVENTABLE catastrophic and irreversible danger.
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