Skip to content

Updates in the FDA’s Regulation of Digital Health Technologies

 | 

The FDA issued a warning letter to Abiomed, for failing to seek approval for its Impella Connect System software before putting it on the market. The Impella Connect System software is designed to work with the company’s Automated Impella Controller (AIC), which is part of a medical device system that provides temporary ventricular support to help a patient’s heart to pump blood in a critical care setting.

Abiomed attempted to argue that functions of the Impella Connect System were non-device clinical decision support (CDS) software functions or non-device medical device data systems, but the FDA disagreed. The FDA asserted that the software component, by providing “time-critical alarms and patient-specific medical information intended to trigger potential clinical intervention to assure patient safety,” qualifies as a medical device requiring premarket authorization. This warning letter highlights the FDA’s intention to enforce regulatory oversight of medical device data systems that go beyond basic electronic data transfer and storage functions. The development is significant for companies involved in wearable medical devices and patient monitoring technologies.

Impella Connect® Instructions for Use | HeartRecovery.com

The warning letter is just one example of the FDA’s broader ongoing efforts to adapt to the challenges posed by digital health technologies including clinical decision support software,  AI-enabled medical devices, digital therapeutics, wearables, remote patient monitoring, and more.

Notably, the FDA recently announced that it is establishing a Digital Health Advisory Committee. The committee, set to be fully operational in 2024, will consist of experts from various disciplines who will advise FDA leaders on digital health-related matters, with the goal of ensuring the safety and effectiveness of emerging technologies without stifling innovation. It will be accepting applications until December 11th, 2023.

Tags

, , , ,

Updates in the FDA’s Regulation of Digital Health Technologies Headshot

Raina Patel

Raina Patel is in the New York office and focuses primarily on patent prosecution and patent analysis. While most of her work is in the medical device space, she also has experience in the food/beverage, fashion, and consumer products industries. While in law school, Raina helped develop patent strategies for a wide variety of inventions while working at Boston University’s Office of Technology Development. She also worked with a biotech startup organizing and advancing their patent portfolio.

New York Bar Admission Pending

View all posts published by Raina Patel
By using this blog, you agree and understand that no information is being provided in the context of any attorney-client relationship. You further agree and understand that nothing herein is intended to be legal advice. This blog is solely informational in nature, and is not intended as, and should not be used as, a substitute for competent legal advice from a retained and licensed attorney in your state. Knobbe Martens LLP makes no representations or warranties as to the accuracy, completeness, timeliness or availability of the information in this blog. Knobbe Martens LLP will not be liable for any injury or damages relating to your use of, or access to, any such information. Knobbe Martens LLP undertakes no obligation to correct or update information on this blog, which may be incorrect or become incorrect or out of date over time. Knobbe Martens LLP reserves the right to alter or delete content or information on the blog at any time. This blog contains links and references to other websites and publications that you may find of interest. Knobbe Martens LLP does not control, promote, endorse or otherwise have any affiliation with any other websites or publications unless those websites or publications expressly state such an affiliation. Knobbe Martens LLP further has no responsibility for, and makes no representations regarding, the content, accuracy or any other aspect of the information in such websites or publications.
close modal