Lexology October 9, 2023
Reed Smith LLP

On September 15, 2023, FDA published an update to the guidance document – “Breakthrough Devices Program, Guidance for Industry and Food and Drug Administration Staff.” Notably, FDA states that it may consider a medical device’s ability to improve health and healthcare disparities when deciding whether to designate a medical device as a breakthrough device. The agency may use this information to determine whether a candidate device provides more effective treatment or diagnosis when compared to the current standard of care. Below, we provide additional information regarding the breakthrough device program and the updated guidance.

What is the breakthrough device program?

As many readers of this blog are likely familiar, Congress created FDA’s Breakthrough Device Program through the 21st Century Cures...

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