FDA Commissioner Margaret Hamburg has asked for, and gotten, the resignation of Daniel Schultz (right) as head of its Center for Devices and Radiological Health (CDRH), the agency’s medical device regulator.
(Picture from the FDA.)
Schultz was a Bush holdover but was actually a career employee, having joined the agency in 1994. He is a surgeon by training.
The industry’s lobby, Advamed, issued a press statement that praised Schultz for pushing through a 2007 agreement reauthorizing medical device user fees to assure his agency’s funding.
For now Schultz will be replaced by Jeffrey Shuren, who also held major FDA positions throughout the Bush era.
Hamburg’s choice of a permanent replacement will deserve special scrutiny.
That’s because the Supreme Court last year, in the case of Riegel vs. Medtronic, essentially made the CDRH the final, ultimate arbiter on the safety of medical devices, saying plaintiffs could not sue in state courts if a device is FDA approved and used as directed.
The Bush-era aim may have been to give a green light to device makers, but the Obama counter is that if this agency is the final judge then its process needs to be highly rigorous.
Schultz did not do business that way.
- Schultz testified in 2006 that single use medical devices could readily be used multiple times.
- Schultz was accused earlier this year of halting enforcement of Good Laboratory Practice (GLP) regulations, the agency’s only way of seeing whether its decisions are being carried out after they’re made.
- The CDRH was also accused, by The Wall Street Journal, of making decisions under political pressure.
- Agency employees wrote Congress that devices were being approved even after they raised safety and efficacy concerns.
If you use the courts to guarantee that only one cop can be on the beat, and said cop is more Barney Fife than Joe Friday, then people are going to die with no recourse at all.
Hamburg’s choice is the only way we have of making certain the court’s Medtronic decision doesn’t give medical device makers a license to kill.