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The FDA Failed To Adequately Test Essure Before Allowing It To Come to Market

The FDA has a lot of explaining to do about its cavalier approach to approving dangerous medical devices

Friday, March 22, 2019 - According to former FDA commissioner turned whistleblower Dr. David Kessler, "When it comes to medical devices we've built a system that doesn't work." For the 501 (k), fast track approval process all the manufacturer needs to demonstrate is that their device is "substantially equivalent" to another device that is already on the market. "The 501 (k) provision was meant to be an exception, in essence, a "loophole" became the rule. The vast majority of medical devices today, regrettably, are regulated under this framework." Dr. Adriane Fugh-Berman, Professor of Pharmacology & Physiology at Georgetown University, says that the fast track process causes problems by approving a device based on a device that was previously approved, which in turn was approved because it was similar to yet another device. There is no checks or balances to see if any device in the approval chain had been recalled because it was failing or harmed patients. "Even if the device was recalled because it was dangerous it could still be used as a predicate to having your device FDA approved." National Essure birth control lawyers offering free consultations to families and women harmed by Essure birth control device are available to consult and no obligation.

At the FDA, the lax standards for medical device approval under the 501 (k) provisions have transferred to the premarket approval process. According to Dr. Diana Zuckerman, President, National Center for Health Research, Essure was one of the devices that went through the premarket approval process (PMA). PMA is intended to be the most stringent pathway to get a device approved but the process is not strict enough, and much less strict than the approval process required to bring a new drug to market. New drugs are required to have two clinical trials involving hundreds of patients yet with a new medical device only one small study involving as little as fifty people is required. Angie Furmalino, founder of the Essure Problems Facebook group purchased the DVD's of the July 2002 FDA Essure approval meetings and found that Essure was approved based on a study of a very small number of women studies for a very short amount of time. "The lead investigator presenting evidence on Essure's safety owned stock in (Bayer) this company," and disclosed such information to the panel." Next up was a Bayer paid spokesperson, Gabriel Avena. Essure was approved leaving "open-ended questions" regarding compromising the uterus, tubal perforation, and metal sensitivity.

The US Food and Drug Administration has come under increasing criticism for its use of the 501 (k) fast track approval process to speed medical onto the market. The agency has been accused former commissioner Kessler of being nothing more than a rubber stamp for multinational corporations to bring unproven and dangerous devices to market. The FDA has failed to scrutinize each medical device before it is offered to the public causing doctors to be duped into believing, or should I say assuming, that a medical device like the Essure Birth Control device is safe just because the FDA says so. Rather than take responsibility for the firestorm that is developing surrounding the Essure Birth Control device debacle, FDA commissioner Scott Gottlieb abruptly resigned from his post earlier this month.

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. OnderLaw has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others, and other law firms throughout the nation often seek its experience and expertise on complex litigation.