Fixing a 510(K) Loophole: In Support of The Sound Devices Act of 2012
Citation
Shuenn (Patrick) Ho, "Fixing a 510(K) Loophole: In Support of The Sound Devices Act of 2012" (April 10, 2012).Abstract
The current medical device regulatory system contains a dangerous loophole. While the voluntary recall of a harmful medical device removes it from the market, new devices that claim they are substantially equivalent to the recalled device can still reach the market through the 510(k) premarket notification process. Devices that have gained regulatory clearance in this fashion have caused considerable harm and are much more likely to be recalled for safety reasons as well. The recently proposed Safety of Untested and New Devices Act of 2012 (the “SOUND Devices Act”) would fix this loophole. This paper describes the 510(k) clearance process and the recalled predicate loophole, summarizes the SOUND Devices Act’s proposed solution, and argues that Congress ought to enact the SOUND Devices Act.Terms of Use
This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAACitable link to this page
http://nrs.harvard.edu/urn-3:HUL.InstRepos:11940233
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