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Risk Assessment and Post-Market Programs
How do the medical device industry and the FDA prevent risks to the end user once the product is marketed? There is no simple answer to this question. Post-market vigilance in terms of risk assessment involves complex issues. These issues involve a cost/benefit analysis in terms of a “best approach” to post-market co-vigilence. The FDA has specified programs in terms of post-market risk prevention. For example, the 1976 Medical Device Amendments, the 1990 Safe Medical Device Act and 1992 Medical Device Amendments have served as milestones in medical device legislation, resulting in a system in which manufacturers must track the device from manufacture through distribution to assure accurate tracing in the event of problems. The regulations for tracking are found in 21 CFR Part 821.
The Food and Drug Administration Modernization Act of 1997 went even further in terms of legislating a medical device surveillance network for adverse events. The system, called MedSuN, is aimed at improving the protection of the health and safety of patients, users, and others involved with medical devices. The Medical Device User Fee Modernization Act of 2002 (MDUFMA) went still further on the subject of post-market surveillance in terms of Congressional appropriations and accountability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?