Parker Waichman LLP

FDA Warns NuVasive Over Unapproved Spinal Device

The U.S. Food and Drug Administration (FDA) just sent a warning letter to the President and Chief Operating Officer of medical device maker, NuVasive, Inc.,  following an inspection of the firm that took place from October 29, 2012 through November 2, 2012. An agency investigator determined that the NuVasive Affix Spinous Process Plate System is […]

NuVasive-Affix-Spine-DeviceThe U.S. Food and Drug Administration (FDA) just sent a warning letter to the President and Chief Operating Officer of medical device maker, NuVasive, Inc.,  following an inspection of the firm that took place from October 29, 2012 through November 2, 2012. An agency investigator determined that the NuVasive Affix Spinous Process Plate System is adulterated.

According to the agency, NuVasive did not receive pre-market approval for the device; the Affix device is misbranded; and NuVasive did not notify the agency of its intent to introduce the device into commercial distribution, which is legally mandated. Regulators warned NuVasive over promotional claims it made about these spinal products, said MassDevice.

NuVasive marketed the Affix “as an adjunct to interbody fusion (XLIF®, ALIF, PLIF, and TLIF.),” the FDA inspection report indicated, noting that, “Although your firm has multiple 510(k)s cleared for this device, none of them include the use of the Affix plate with only an intervertebral body fusion device.” Because of this, the inspectors said. “This constitutes a new intended use and a new 510(k) is required.”

FDA 510(k) clearance approvals—utilizing a so-called fast-tracked process—are permitted for medical devices that can be proven to be “substantially” equivalent to products already on the market, and don’t require human clinical trials.

NuVasive violations, wrote MassDevice, concern language about the Affix spinal device related to the NuVasive’s Interlaminar Lumbar Instrumented Fusion (ILIF) procedure and do not concern issues with manufacturing at the facility.

The Affix Spinous Process Plate System is used during surgery to clamp spinal grafts in place, FierceMedical explained. At issue, said Orthopedics This Week, is that the Affix device involved was not cleared through any of NuVasive’s Affix Spinous Process Plate system 510(k)s.

As we’ve reported previously, the 510(k) program is a frequent target of critics, who say it is too lax. In recent years, several types of medical implants approved via 510(k) protocols have been the subject of complaints, safety reviews, and lawsuits. Chief among these are metal-on-metal hip implants, including the now-recalled ASR hip implant manufactured by DePuy Orthopaedics.

Concerns about the quality of 510(k) approvals have also been raised by the growing number of serious complications linked to transvaginal mesh devices used in pelvic organ prolapse (POP) repair.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness
Jessica Samantha
2 years ago
5 Star Reviews 150
I am more than satisfied with the way my Attorney and the Staff at Parker and Waichman has been handling my case. They have kept me up to speed with process, and have explained in detail what is expected. I will refer this company to anyone who needs an Attorney who holds your best interest at heart.
Maria Warner-Dowrich
5 years ago
5 Star Reviews 150
Kathleen M Snedecor is the Paralegal from Parker Waichman LLP. whom I've had the pleasure of dealing with during the process of my lawsuit. I would highly recommend the Parker Waichman Law firm because of Kathleen's professional, courteous, and prompt response to my calls and questions. Thank you Kathleen and Parker Waichman for all your help.
Michael Sorger
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038