How to Manage and Prepare a 501(k) For Clinical Submission

In the last several months, a number of medicaldevice(s). All 510(k)s must provide a comparison
device product companies and manufacturersbetween the device to be marketed and the
have contacted me with a similar question. Thepredicate device or devices already marketed.
question pertains to approval in Europe, Australia,A most important consideration is the predicate
Japan, Canada and how that relates to a USdevice. A company must identify a predicate
approval, and secondly, what type of 510(k) todevice as a component of their clinical submission.
prepare in the US? Is there a fast track toThat predicate device will be used as a source
approval in the US since they have device,comparison to your device at the time of clinical
detection and diagnostic non-US CE Marks ofsubmission and regulatory review. The choice of
approval to market in non-US countries? There isthe predicate device is crucial and I strongly
much debate with IVDMIA status, STED Pilotrecommend that the 501(k) number of the
Programs and LDT clinical submissions, which doespredicate device be identified in the clinical
not exist with Traditional, Abbreviated and Specialsubmission - be transparent, be clear, be open.
510(k) types of clinical submissions. The answer isChoose a device for your comparator that is
to understand and assess where you are, wheresimilar to your device. You may claim SE to more
you want to go, and plan the most expeditiousthan one predicate. The predicate device of
way to get there while conducting activities inchoice will and must be recently cleared and
accordance with FDA CDRH guidance andapproved by FDA. There is additional guidance at
requirements. Assess the status of the device,the FDA website pertaining to "How to Find a
this means to assess the status as it relates notPredicate Device".
only to guidance and regulatory requirements, butAdditional Steps to Aid in Management and
to assess the integrity and quality of data andPreparation:
documentation, statement, label, claim,- Locate Guidance Documents
completeness of application and submission,- Locate Design Control Requirements 21 CFR
intended use, omission, missing data and820.30
documentation, translation, standard for- Locate QS Regulation
development and quality review systems,- Locate Content and Format for the "Type" of
compliance to the Federal Register and otherwise.clinical submission to be filed.Components of a
Each medical device product will be reviewedTraditional 510(k), for example:
according to its intended use and if it relates to an- Form FDA 3601
unmet medical need or emergent or life- PRS Cover Sheet
threatening serious need, but beware, these- Form FDA 3674
applications are not easily regulated and approved- Cover Letter
and will be reviewed with regulatory rigor.- TOC
Yes, there are 3 types of PMA 510(k)s that may- Indications for Use
be submitted to FDA, Traditional, Special and- 510(k) Summary 21 CFR 807.92 or 510(k)
Abbreviated. The Special and AbbreviatedStatement 21 CFR 807.93
regulatory paths were developed under "The New- Standards Data Report Form FDA 3654
510(k) Paradigm" to help streamline the 510(k)- Truthful and Accuracy Statement 21 CFR
review process at FDA. The Special 510(k) and807.87(k)
Abbreviated 510(k) regulatory methods can only- Class III Certification and Summary 21 CFR
be used if certain criteria are met. The Traditional807.94.Items required under 21 CFR 807.87
regulatory path can be used under anyrequired for a PMA Notification are numerous,
circumstances. Information required at the time ofplease visit the Federal Register and create a
filing can be found in 21 CFR 807 Subpart E.checklist of submittable, required components as it
A 510(k) PMA Notification does not require apertains to each device to ensure complete
"form" to complete for submission. There is nosubmissions and to minimize potential RTFs -
form. The 510(k) concept is based on substantialRefusal to File.
equivalence (SE) to a legally marketed (predicate)