Obstetrical and Gynecological Devices; Reclassification of Surgical Mesh for Transvaginal Pelvic Organ Prolapse Repair, 353-361 [2015-33165]
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Food and Drug Administration
21 CFR Part 884
Obstetrical and Gynecological Devices; Reclassification of Surgical Mesh
for Transvaginal Pelvic Organ Prolapse Repair; Final Rule
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 884
[Docket No. FDA–2014–N–0297]
Obstetrical and Gynecological
Devices; Reclassification of Surgical
Mesh for Transvaginal Pelvic Organ
Prolapse Repair
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or the Agency) is
issuing a final order to reclassify
surgical mesh for transvaginal pelvic
organ prolapse (POP) repair from class
II to class III. FDA is reclassifying these
devices based on the determination that
general controls and special controls
together are not sufficient to provide
reasonable assurance of safety and
effectiveness for this device, and these
devices present a potential unreasonable
risk of illness or injury. The Agency is
reclassifying surgical mesh for
transvaginal POP repair on its own
initiative based on new information.
DATES: This order is effective on January
5, 2016.
FOR FURTHER INFORMATION CONTACT:
Sharon Andrews, Center for Devices and
Radiological Health, 10903 New
Hampshire Ave., Bldg. 66, Rm. G110,
Silver Spring, MD 20993, 301–796–
6529, Sharon.Andrews@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background—Regulatory Authorities
The Federal Food, Drug, and Cosmetic
Act (the FD&C Act), as amended,
established a comprehensive system for
the regulation of medical devices
intended for human use. Section 513 of
the FD&C Act (21 U.S.C. 360c)
established three categories (classes) of
devices, reflecting the regulatory
controls needed to provide reasonable
assurance of their safety and
effectiveness. The three categories of
devices are class I (general controls),
class II (special controls), and class III
(premarket approval).
Under section 513(d) of the FD&C Act,
devices that were in commercial
distribution before the enactment of the
1976 amendments, May 28, 1976
(generally referred to as preamendments
devices), are classified after FDA has: (1)
Received a recommendation from a
device classification panel (an FDA
advisory committee); (2) published the
panel’s recommendation for comment,
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along with a proposed regulation
classifying the device; and (3) published
a final regulation classifying the device.
FDA has classified most
preamendments devices under these
procedures.
Devices that were not in commercial
distribution prior to May 28, 1976
(generally referred to as
postamendments devices), are
automatically classified by section
513(f) of the FD&C Act into class III
without any FDA rulemaking process.
Those devices remain in class III and
require premarket approval unless, and
until, the device is reclassified into class
I or II or FDA issues an order finding the
device to be substantially equivalent, in
accordance with section 513(i) of the
FD&C Act, to a predicate device that
does not require premarket approval.
The Agency determines whether new
devices are substantially equivalent to
predicate devices by means of
premarket notification procedures in
section 510(k) of the FD&C Act (21
U.S.C. 360(k)) and 21 CFR part 807.
On July 9, 2012, the Food and Drug
Administration Safety and Innovation
Act (FDASIA) (Pub. L. 112–144) was
enacted. Section 608(a) of FDASIA
amended section 513(e) of the FD&C
Act, changing the mechanism for
reclassifying a device from rulemaking
to an administrative order. Section
513(e) of the FD&C Act provides that
FDA may, by administrative order,
reclassify a device based upon ‘‘new
information.’’ FDA can initiate a
reclassification under section 513(e) of
the FD&C Act or an interested person
may petition FDA to reclassify a device.
The term ‘‘new information,’’ as used in
section 513(e) of the FD&C Act, includes
information developed as a result of a
reevaluation of the data before the
Agency when the device was originally
classified, as well as information not
presented, not available, or not
developed at that time. (See, e.g.,
Holland-Rantos Co. v. United States
Department of Health, Education, and
Welfare, 587 F.2d 1173, 1174 n.1 (D.C.
Cir. 1978); Upjohn v. Finch, 422 F.2d
944 (6th Cir. 1970); Bell v. Goddard, 366
F.2d 177 (7th Cir. 1966).)
Reevaluation of the data previously
before the Agency is an appropriate
basis for subsequent action where the
reevaluation is made in light of newly
available authority (see Bell, 366 F.2d at
181; Ethicon, Inc. v. FDA, 762 F.Supp.
382, 388–391 (D.D.C. 1991)), or in light
of changes in ‘‘medical science’’
(Upjohn, 422 F.2d at 951). Whether data
before the Agency are old or new data,
the ‘‘new information’’ to support
reclassification under section 513(e)
must be ‘‘valid scientific evidence,’’ as
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defined in section 513(a)(3) of the FD&C
Act and 21 CFR 860.7(c)(2). (See, e.g.,
Gen. Medical Co. v. FDA, 770 F.2d 214
(D.C. Cir. 1985); Contact Lens Mfrs.
Assoc. v. FDA, 766 F.2d 592 (D.C. Cir.
1985), cert. denied, 474 U.S. 1062
(1986).)
To be considered in the
reclassification process, the ‘‘valid
scientific evidence’’ upon which the
Agency relies must be publicly
available. Publicly available information
excludes trade secret and/or
confidential commercial information,
e.g., the contents of a pending premarket
approval application (PMA). (See
section 520(c) of the FD&C Act (21
U.S.C. 360j(c)).)
Section 513(e)(1) of the FD&C Act sets
forth the process for issuing a final
reclassification order. Specifically, prior
to the issuance of a final order
reclassifying a device, the following
must occur: (1) Publication of a
proposed order in the Federal Register;
(2) a meeting of a device classification
panel described in section 513(b) of the
FD&C Act; and (3) consideration of
comments to a public docket.
FDA published a proposed order (the
513(e) proposed order) to reclassify this
device in the Federal Register of May 1,
2014 (79 FR 24634). FDA received and
has considered approximately 200
comments on this 513(e) proposed
order, as discussed in section II.
FDA held a meeting on September 8
and 9, 2011 (76 FR 41507, July 14, 2011)
of the Obstetrics and Gynecology
Devices Panel of the Medical Devices
Advisory Committee (‘‘the Panel’’), a
device classification panel described in
section 513(b) of the FD&C Act, to
discuss whether surgical mesh for
transvaginal POP repair should be
reclassified into class III or remain in
class II (Ref. 1). The Panel discussed a
number of serious adverse events
associated with use of surgical mesh for
transvaginal POP repair. The Panel
consensus was that the safety of surgical
mesh for transvaginal POP repair is not
well established and that, depending on
the compartment, placement of surgical
mesh for transvaginal POP repair may
not be more effective than traditional
‘‘native-tissue’’ repair without mesh. As
such, the Panel concluded that the riskbenefit profile of surgical mesh for
transvaginal POP repair is not well
established. The Panel consensus was
that general controls and special
controls together would not be sufficient
to provide reasonable assurance of the
safety and effectiveness of surgical mesh
for transvaginal POP repair, and that
these devices should be reclassified
from class II to class III (Ref. 1). FDA is
not aware of new information since the
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Panel meeting that would provide a
basis for a different recommendation or
findings.
In the 513(e) proposed order, FDA
also proposed to reclassify surgical
instrumentation for urogynecologic
surgical mesh procedures from class I to
class II and establish special controls.
FDA is not finalizing the proposed
reclassification and special controls for
surgical instrumentation for use with
urogynecologic surgical mesh at this
time. As stated in the 513(e) proposed
order preamble, FDA will convene a
panel to discuss specialized surgical
instrumentation for use with
urogynecologic surgical mesh prior to
finalizing reclassification of
instrumentation for this use. On
February 26, 2016, the Gastroenterology
and Urology Devices Panel of the
Medical Devices Advisory Committee
will have a panel meeting to discuss and
make recommendations for
reclassification of these specialized
surgical instrumentation devices.
II. Public Comments in Response to the
513(e) Proposed Order
In response to the 513(e) proposed
order to reclassify surgical mesh for
transvaginal POP repair, FDA received
approximately 200 comments. The
comments and FDA’s responses to the
comments are summarized in this
section. Certain comments are grouped
together under a single number because
the subject matter of the comments is
similar. The number assigned to each
comment is purely for organizational
purposes and does not signify the
comment’s value or importance or the
order in which it was submitted.
(Comment 1) Approximately 70
comments were received from
individuals or family members of
individuals who underwent mesh repair
for POP, stress urinary incontinence
(SUI), and/or hernias and reported
complications or adverse events
experienced during or after their
procedures. The complications and
adverse events reported included organ
perforation, bleeding, chronic pain,
mesh exposure or extrusion into the
vagina and/or visceral organs (in some
cases requiring additional surgery),
infection, atypical vaginal discharge,
painful sexual intercourse, selfcatheterization, recurrent prolapse and/
or incontinence, additional corrective
surgery, and other permanent and/or
life-altering adverse events.
(Response) FDA appreciates the
comments received from individuals
sharing their experiences following
surgical mesh repair for POP, SUI, and/
or hernias. The complications and
adverse events reported by these
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commenters are consistent with those
addressed in the 513(e) proposed order
preamble and discussed at the 2011
Panel meeting. The comments did not
identify any adverse event information
that was not already considered by FDA
and the Panel.
(Comment 2) Approximately 50
comments requested reclassification of
surgical mesh for indications other than
transvaginal POP repair, including for
SUI and hernia.
(Response) Surgical mesh for
indications other than transvaginal POP
repair is outside the scope of the 513(e)
proposed order and this document. In
the 513(e) proposed order (79 FR 24634
at 24636), FDA stated that this proposed
order does not include surgical mesh
indicated for surgical treatment of stress
urinary incontinence, sacrocolpopexy
(transabdominal POP repair), hernia
repair, and other non-urogynecologic
indications.
(Comment 3) Approximately 50
comments requested a ban, recall, or
‘‘suspension of use’’ of all surgical mesh
devices.
(Response) As stated previously,
surgical mesh for indications other than
transvaginal POP repair is outside the
scope of this final order. For the reasons
discussed in this document, FDA does
not believe that a ban, recall or
suspension of use of surgical mesh for
transvaginal POP repair is warranted at
this time.
Section 516 of the FD&C Act (21
U.S.C. 360f) authorizes FDA to ban a
device when, on the basis of all
available data and information, FDA
finds that the device presents
substantial deception or an
unreasonable and substantial risk of
illness or injury and, where such
deception or risk could be corrected or
eliminated by labeling or change in
labeling and with respect to which the
Secretary of the Department of Health
and Human Services (Secretary)
provided written notice to the
manufacturer specifying the deception
or risk of illness or injury, the labeling
or change in labeling to correct the
deception or eliminate or reduce such
risk, and the period within which such
labeling or change in labeling was to be
done, such labeling or change in
labeling was not done within such
period.
FDA does not believe there is
sufficient evidence at this time to
support the banning of this device.
Based on a review of the published
literature, as described in the 513(e)
proposed order preamble and this
document, input from clinical
organizations, and the Panel’s
recommendations, FDA has determined
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that the safety and effectiveness of
surgical mesh for transvaginal POP
repair has not been established and that
the collection of additional clinical
evidence on these devices is needed.
Such additional evidence may provide
information to allow FDA to impose
controls to mitigate the risks and more
clearly characterize the benefits of these
devices. In addition, FDA believes there
are potential benefits from surgical
mesh used for transvaginal POP repair
including treatment of POP in
appropriately selected women with
severe or recurrent prolapse. As such,
FDA has not determined that this device
presents an unreasonable and
substantial risk of illness or injury.
FDA also does not believe there is
sufficient evidence at this time to
support a mandatory recall of this
device. Under section 518(e) of the
FD&C Act (21 U.S.C. 360h(e)), if the
Secretary finds that there is a reasonable
probability that a device intended for
human use would cause serious,
adverse health consequences or death,
the Secretary shall issue an order
requiring the appropriate person
(including the manufacturers, importers,
distributors, or retailers of the device) to
immediately cease distribution of such
device, and to immediately notify health
professionals and device user facilities
of the order and to instruct such
professionals and facilities to cease use
of such device.
FDA does not believe a mandatory
recall of all currently marketed surgical
mesh for transvaginal POP repair is
warranted. Based on a review of the
published literature as described in the
513(e) proposed order preamble and this
document, input from clinical
organizations, and the Panel’s
recommendations, FDA believes that
there is not sufficient evidence at this
time to support a finding that there is a
reasonable probability that surgical
mesh for transvaginal repair of POP
would cause serious adverse health
consequences or death. As described in
the 513(e) proposed order preamble and
discussed at the 2011 Panel meeting, the
safety and effectiveness of surgical mesh
for transvaginal repair of POP has not
been established and these devices
should be evaluated in clinical studies
that compare the device to native tissue
repair in order to establish a reasonable
assurance of safety and effectiveness.
It is unclear what commenters were
referencing when they asked FDA to
‘‘suspend the use’’ of these devices. As
stated previously, FDA does not believe
a ban or recall is warranted at this time,
and as stated in this document, there are
other actions FDA has taken and may
take in the future to ensure that there is
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a reasonable assurance of the safety and
effectiveness of surgical mesh for
transvaginal POP repair.
FDA believes other regulatory actions
it has taken will help the Agency to
better understand the risk-benefit profile
of these devices. FDA issued postmarket
surveillance orders under section 522 of
the FD&C Act (21 U.S.C. 360l) to
manufacturers of surgical mesh for
transvaginal POP repair starting on
January 3, 2012. The postmarket
surveillance orders allow FDA to
continue to evaluate the benefit-risk
profile of the device. Further, by
reclassifying these devices to class III
and requiring PMA approval, FDA can
require an independent demonstration
that a reasonable assurance of safety and
effectiveness exists for each device
within this type. Elsewhere in this issue
of the Federal Register, FDA is issuing
a final order under section 515(b) of the
FD&C Act (21 U.S.C. 360e(b)) (the 515(b)
final order) to require the filing of a
PMA or notice of completion of a
product development protocol for
surgical mesh for transvaginal POP
repair. The preamble of the 515(b) final
order provides further information
regarding the data and scientific
evidence needed for a PMA.
FDA will consider other regulatory
actions relating to this device as
appropriate in the future.
(Comment 4) Approximately 20
comments stated that the polypropylene
material used to fabricate surgical mesh
is inappropriate for implantation. These
comments contend that the degradation
of the polypropylene mesh in vivo may
lead to systemic effects that can cause
serious complications.
(Response) FDA believes that a
thorough evaluation of the material used
to fabricate surgical mesh for
transvaginal POP repair is needed to
provide a reasonable assurance of safety
and effectiveness of the device. The
findings set forth in the 515(b) proposed
order preamble, as discussed in this
document, address this issue (these
findings are adopted, as amended, in the
515(b) final order that is published
elsewhere in this issue of the Federal
Register).
In the 515(b) proposed order
preamble, FDA stated that
manufacturers should provide
information in their PMAs regarding
biocompatibility, preclinical bench
testing and preclinical animal studies,
among other proposed information, to
demonstrate reasonable assurance of
safety and effectiveness of surgical mesh
for transvaginal POP repair. Such
performance data, which may generally
include assessment of the mesh
chemical and physical characteristics,
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in vitro chemical characterization
studies, and in vivo preclinical
implantation studies, will be reviewed
by FDA to determine whether the risks
associated with implantation of the
polypropylene material are
appropriately mitigated. The 515(b)
proposed order preamble also stated
that a PMA would need to include the
information required by section
515(c)(1) of the FD&C Act, which
includes manufacturing information.
FDA’s review of such manufacturing
information will allow the Agency to
evaluate whether the polypropylene
material is safe and effective for
transvaginal POP repair.
(Comment 5) One comment stated
that FDA should not include noncrosslinked biologic grafts in this
reclassification and that such grafts
should not be subject to postmarket
surveillance studies. The comment
stated that the 513(e) proposed order
cited relatively few studies that examine
the use of biologically derived grafts for
POP repair. The comment also noted
that FDA’s analysis did not distinguish
crosslinked versus non-crosslinked
biologic grafts. The comment requested
that FDA review additional data,
including a summary of 18 publications
regarding non-crosslinked biologic
grafts submitted by the commenter, and
consider the different risk profiles of
biologic grafts and specifically whether
non-crosslinked biologic grafts should
be reclassified.
(Response) As discussed in the
response to comment 9, FDA performed
an updated review of the literature to
consider new clinical information
available since publication of the 513(e)
and 515(b) proposed orders and
additional publications cited by the
commenter, and whether noncrosslinked biologic grafts should be
reclassified. Based on this review, FDA
believes that there is currently
insufficient evidence to support a
finding that the benefit-risk profile of
non-crosslinked biologic grafts differs
from that of synthetic meshes. There is
little evidence overall on biologic grafts
(as compared to synthetic meshes), and
the majority of studies evaluating noncrosslinked biologic grafts are on small
populations and are not prospective.
Moreover, the limited clinical evidence
that is available indicates that like
synthetic surgical mesh for transvaginal
POP repair, non-crosslinked biologic
mesh is associated with adverse events
and does not demonstrate effectiveness
compared to traditional (i.e., native
tissue) repair of POP.
The commenter cited 18 publications
reporting outcomes for non-crosslinked
biologic graft for use in transvaginal or
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transabdominal POP repair (Refs. 2
through 19). As described in this
document, these publications in totality
do not provide sufficient evidence of the
reasonable safety and effectiveness of
non-crosslinked biologic grafts.
Of these publications, 6 of the 18
report outcomes on fewer than 15 study
subjects (Refs. 2 through 7). Due to the
small sample size, the outcomes from
these publications are difficult to
interpret and FDA could not conclude
that the risk profiles of non-crosslinked
biologic grafts were different than
synthetic meshes.
Of the remaining 12 publications, 1
describes outcomes after
sacrocolpopexy (Ref. 2), 1 describes use
of a non-crosslinked biologic graft to
cover a vaginal wall defect following
explantation of a synthetic mesh to treat
prolapse (Ref. 3), and 1 describes
transperineal repair of rectocele (Ref. 4).
These uses are outside the scope of the
reclassification.
One publication reported a
retrospective review of noncontemporaneous mesh-augmented
(non-crosslinked biologic and synthetic)
versus native tissue anterior
compartment repair (Ref. 5). One author
in that report switched to the meshaugmented technique part way through
the period covered by the study due to
dissatisfaction with native tissue repair.
This may affect the objectivity of the
study results and may lead to a
conclusion that inappropriately favors
mesh-augmented repair. Anatomic
success was greater in mesh-augmented
patients; however, objective anatomic
success was defined as Stage 0 or 1
using the Baden-Walder system (Stage
0—normal position, Stage 1—descent
halfway to the hymen). This may
represent an ideal outcome, but does not
necessarily represent a clinically
relevant outcome. As discussed in the
513(e) proposed order preamble,
prolapse staging systems like the Pelvic
Organ Prolapse Quantification (POP–Q)
are ‘‘not correlated with POP symptoms
or patient assessment of improvement
[(Barber et al., 2009)].’’
Another publication reported longterm followup in a retrospective patient
cohort (N = 41) who had undergone
graft repair of anterior or posterior
vaginal prolapse compared to a
contemporaneous cohort of ‘‘matched’’
native tissue repair controls (Ref. 6).
Subjective outcomes were significantly
better in the graft cohort; however,
recurrence tended to be greater in the
graft cohort when defined strictly as
≥POP–Q Stage 2. This means that the
graft cohort experienced greater
anatomic failure when using POP–Q
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Stage 1 as the cutoff for anatomic
success.
One publication described a
retrospective case review without native
tissue control (Ref. 7). This review (N =
65) found a subjective success (no
symptoms and no bulge beyond the
hymen) rate of 92 percent. Reoperation
rate for de novo and recurrent prolapse
was 7.7 percent, and three women had
repeat surgery at the same anatomic site
(anterior compartment). Because this
study did not include a control group,
we are unable to compare safety and
effectiveness outcomes between patients
who received mesh and patients who
underwent native tissue repair.
Two publications described
prospective cohorts. In one small series
(N = 21), women with recurrent
prolapse underwent anterior, posterior,
or combined anterior/posterior repair
with non-crosslinked biologic mesh
(Ref. 8). Mean POP–Q scores
preoperatively were Ba = 0.63 versus Ba
= 1.75 postoperatively. Preoperative Bp
score was ¥0.2 versus Bp ¥2.2
postoperatively. The authors reported a
mean followup of 29 months. Six
patients reported persistent bulge, and
eight patients reported vaginal
discomfort. This study has a small
sample size and does not allow for
comparison to native tissue repair.
The other prospective cohort study (N
= 50) evaluated patient-reported
outcomes at 6 months following
posterior compartment repair
augmented with non-crosslinked mesh
(Ref. 9). Although significant
improvements were noted for vaginal
symptoms, sexual matters score and
quality of life on the International
Consultation on Incontinence
Questionnaire vaginal symptoms
questionnaire, anatomic outcomes were
not collected. Therefore, effectiveness
outcomes cannot be evaluated from this
study.
Only three of the remaining
publications described prospective
randomized controlled trials (RCTs)
comparing anterior or posterior vaginal
repair using non-crosslinked biologic
graft versus native tissue repair (Refs. 10
through 12). None of the three RCTs
defined anatomic success as the leading
edge of prolapse at or above the
hymenal ring, which is considered a
more clinically relevant outcome
compared to POP–Q score. The criterion
for anatomic success of prolapse repair
in the American Urogynecologic Society
(AUGS) Pelvic Floor Disorders Registry
is leading edge at or above the hymen
(Ref. 13).
The final publication identified by the
commenter described prospective
followup of a cohort assembled from a
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retrospective chart review (N = 59) (Ref.
14). This report does define anatomic
success at the hymenal ring. Objective
recurrence of prolapse in this study was
approximately 31 percent.
Regarding mesh exposure/erosion, the
publications cited by the commenter
suggests that the risk of vaginal
exposure/erosion for the noncrosslinked mesh is low. In the 513(e)
proposed order preamble, FDA noted
that the incidence of mesh exposure did
not differ between nonabsorbable
synthetic mesh (10.3 percent) and
biologic graft material (10.1 percent)
(Ref. 15).
For other types of surgical
complications, one RCT (N = 56) found
that the number of complications in the
mesh group was greater compared to the
native tissue repair group (Ref. 10).
Blood loss was greater for mesh versus
native tissue rectocele repair in another
RCT (N = 160) (Ref. 12). In the same
RCT, there was a trend towards
increased risk of wound separation
following non-crosslinked graft repair
versus native tissue repair; however, the
outcome did not reach statistical
significance.
In addition, serious adverse events are
reported in association with noncrosslinked biologic graft, including
pain necessitating resurgery (Ref. 14). In
this study, surgical complications
included cystotomy (6.8 percent) and
enterotomy (1.7 percent). Twenty-four
percent of subjects had postoperative
voiding dysfunction, and there was a 5.1
percent rate of hemorrhage requiring
transfusion. (It is unclear whether these
complications were device-related). The
rate of dyspareunia at followup was 8.3
percent. The study did not include a
control group, so it is unknown how the
benefits and risks of graft-augmented
repair with the non-crosslinked biologic
graft would have compared with a
native tissue repair.
In summary, there is insufficient
available evidence from prospective
studies using an appropriate primary
endpoint for anatomic success on which
to evaluate the effectiveness of
transvaginal POP repair using noncrosslinked biologic mesh versus native
tissue repair. The available clinical
outcomes provide evidence that noncrosslinked biologic mesh is associated
with adverse events. There are no data
from RCTs with long-term followup that
demonstrate clinical effectiveness of
this material for transvaginal POP repair
compared to native tissue repair.
As a result of these findings, FDA is
not differentiating between noncrosslinked biologic grafts and synthetic
mesh for transvaginal POP repair in this
reclassification order and is
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reclassifying all of these devices from
class II to class III. FDA’s decision is in
line with the 2011 Panel, which did not
recommend stratification of surgical
mesh for transvaginal POP repair by
material characteristics.
(Comment 6) Approximately 20
comments stated that patients were not
adequately informed of the possible
complications following mesh
implantation or that patients were not
informed prior to surgery that mesh
would be implanted.
(Response) FDA believes that patients
should be adequately informed
regarding the possible complications
associated with surgical mesh. As stated
in the FDA Safety Communication
published in July 2011 (Ref. 16), health
care providers should: (1) Inform
patients that implantation of surgical
mesh is permanent and that some
complications associated with the
implanted mesh may require additional
surgery that may or may not correct the
complication; (2) inform patients about
the potential for serious complications
and their effect on quality of life,
including pain during sexual
intercourse, scarring, and narrowing of
the vaginal wall in POP repair using
surgical mesh; and (3) provide patients
with a copy of the patient labeling from
the surgical mesh manufacturer, if
available. The 2011 Safety
Communication also includes
recommendations for patients to help
them obtain the appropriate information
prior to a surgical mesh repair.
The Panel recommended that FDA
focus on development of patient
labeling and provide patients with
benefit-risk information on available
treatment options for POP, including
surgical and nonsurgical options, to
help patients understand long-term
safety and effectiveness outcomes (Ref.
1, p. 150).
For these reasons, in the findings of
the 515(b) proposed order, which are
adopted as amended in the 515(b) final
order that is being published elsewhere
in this issue of the Federal Register,
FDA asserted that manufacturers should
include in their PMAs for these devices
professional and patient labeling, and
that the patient labeling would be
expected to include, among other
things, the risks and benefits of the
device and available treatment options.
Therefore, it is expected that PMAs for
these devices include professional and
patient labeling, and that the patient
labeling include, among other things,
the risks and benefits of the device and
available treatment options.
(Comment 7) Approximately 30
comments stated that surgical mesh
should be adequately tested, including
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rigorous clinical evaluation prior to
marketing. Comments also emphasized
the need to understand the long-term
effects of surgical mesh.
(Response) FDA agrees that surgical
mesh for transvaginal POP repair should
be adequately tested prior to marketing
to provide a reasonable assurance of
safety and effectiveness. FDA believes
that surgical mesh for transvaginal POP
repair should undergo mechanical and
chemical characterization and
performance evaluation,
biocompatibility, sterilization
validation, shelf life, and preclinical in
vivo testing to provide a reasonable
assurance of safety and effectiveness of
the device prior to marketing. In
addition, surgical mesh for transvaginal
POP repair should be evaluated
clinically, specifically to evaluate the
safety and effectiveness of the device
compared to native tissue repair. In the
515(b) final order that is being
published elsewhere in this issue of the
Federal Register, FDA is requesting that
manufacturers provide this information
to support premarket approval of
surgical mesh for transvaginal POP
repair.
With respect to long-term effects of
surgical mesh, FDA believes that the
clinical evaluation of surgical mesh for
transvaginal POP repair should include
long-term followup. FDA issued
postmarket surveillance orders under
section 522 of the FD&C Act for these
devices that will collect long-term
followup out to 3 years post
implantation.
The comments also referenced
surgical mesh for SUI and
sacrocolpopexy. As stated previously,
surgical mesh for indications other than
transvaginal repair of POP is outside the
scope of this final order.
(Comment 8) Approximately five
comments stated the mesh for treatment
of female SUI and sacrocolpopexy
should not be reclassified to class III.
(Response) As stated previously,
surgical mesh for indications other than
transvaginal POP repair are outside the
scope of this final order.
(Comment 9) One comment stated
that FDA should evaluate recent data on
POP mesh repair as the recent literature
is more representative of current
technologies, instructions for use, and
physician training of currently marketed
devices and that erosion rates and
complication rates are lower in current
literature than compared to rates cited
in the 513(e) proposed order.
(Response) FDA conducted an
updated review of the literature
published since the 513(e) and 515(b)
proposed orders were issued and
reviewed additional publications cited
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by the commenter, summarized in
further detail in this document, and
determined that the weight of the
evidence indicates that use of surgical
mesh for transvaginal POP repair is not
strongly or consistently associated with
increased benefits over native tissue
repair in the treatment of stage 2 or
higher POP. Overall, the evidence
indicates that mesh surgeries take longer
to perform, result in greater blood loss,
and have a considerable risk of
postoperative mesh erosion in
comparison to native tissue repair. In
addition, there is suggestive evidence
that use of surgical mesh for
transvaginal POP repair may pose a
higher risk of de novo POP relative to
native tissue repair.
The majority of studies identified by
the commenter, and considered in the
updated literature review conducted by
FDA, assessed the anterior
compartment; therefore, it is difficult to
draw conclusions on the differential
effects of mesh by compartment, relative
to native tissue repair. Furthermore,
data from prospective, randomized
studies comparing surgical mesh and
native tissue repair using a clinically
relevant definition of success are
limited at this time. The benefit-risk
profile comparison favors native tissue
repair over use of surgical mesh for
transvaginal POP repair. FDA concludes
that the updated literature review
further supports the reclassification of
surgical mesh for transvaginal POP
repair from class II to class III as
reasonable assurance of safety and
effectiveness for the device has not been
demonstrated.
The comment stated that four recent
systematic reviews on surgical options
for POP continue to support use of
transvaginal mesh to treat anterior wall
prolapse (Refs. 17 through 20). One of
these systematic reviews was cited in
the 513(e) proposed order preamble
(Ref. 19) and therefore is not discussed
in detail here. This systematic review
evaluated surgical management of POP
in women and concluded that ‘‘The use
of grafts (biological or synthetic) reduces
the risk of prolapse symptoms and
recurrent anterior vaginal prolapse on
examination when compared to native
tissue repairs (colporrhaphy). However,
the advantages of a permanent
polypropylene mesh must be weighed
against disadvantages including longer
operating time, greater blood loss,
prolapse in other areas of the vagina,
new onset urinary stress incontinence,
and the mesh becoming exposed in the
vagina in 11 percent of women. In
general, there is a lack of evidence to
support transvaginal mesh operations
used in apical or posterior compartment
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surgery.’’ The second of these two
reviews reported on anterior vaginal
compartment repair specifically (Ref.
18). The review specific to anterior
vaginal compartment repair noted that
improved anatomic outcomes conferred
by surgical mesh used for anterior POP
repair are not always accompanied by
improvement in subjective outcomes.
Whereas polypropylene mesh appears to
lead to improvement in both anatomic
and subjective outcomes, these results
did not lead to improved functional
outcomes using validated
questionnaires or to a lower reoperation
rate for POP. This review concluded
that surgical mesh is significantly
associated with longer operating time,
greater blood loss, and development of
POP in another vaginal compartment.
The author also noted a nonsignificant
tendency towards higher cystotomy, de
novo dyspareunia, and de novo SUI rate
compared to native tissue anterior
repair.
The third systematic review cited by
the commenter was to address
nonsurgical treatments for POP, effects
of POP surgery by vaginal compartment,
and how different mesh materials affect
surgical repair of POP (Ref. 17).
Regarding anterior prolapse repair with
mesh, the author did not reach a
conclusion regarding the need for
reoperation for POP or SUI following
index POP surgery; however, anterior
repair using surgical mesh was found to
increase risk for revision of the vaginal
wound due to mesh exposure.
The focus of the fourth systematic
review cited by the commenter
described complications following POP
repair using surgical mesh (Ref. 20). The
review found that the mean total
complication rate in the anterior
compartment was 27 percent and that
there was an 8 percent rate of
complications ≥ grade III on the ClavienDindo classification system (i.e.,
requiring surgical, endoscopic, or
radiological intervention).
The comment also stated that these
recent systematic reviews report
complication rates that required surgical
intervention ranging from 6.3 to 9
percent in the anterior compartment
versus the ‘‘upper bound of 22 percent
cited in the proposed order.’’ In the
513(e) proposed order preamble, FDA
stated the following: ‘‘From the one RCT
that directly compared sacrocolpopexy
to transvaginal POP repair with mesh
(both using synthetic nonabsorbable
mesh), overall re-surgery within 2 years
postoperative was significantly more
common following transvaginal POP
repair with mesh than laparoscopic
sacrocolpopexy, with rates of 22 percent
(12/55) and 5 percent (3/53),
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respectively (p = 0.006) (79 FR 24637).’’
The 22 percent cited by FDA in the
513(e) proposed order preamble was not
specific for anterior repair, but rather
included all vaginal compartments.
In addition to the four recent
systematic reviews discussed
previously, the commenter cited 43
published reports, of which 31 are
abstracts or poster presentations. Based
on the limited scientific evidence in
these abstracts and poster presentations,
they are difficult to evaluate, and
therefore, FDA was unable to draw any
conclusions from these publications.
The comment stated that collectively,
the studies report mesh exposure rates
of 0 to 8 percent and of the mesh
exposures, only approximately 38
percent required surgical intervention.
The comment stated this outcome
represents a reduction compared to the
7.2 percent rate cited in the 513(e)
proposed order. However, the 7.2
percent rate cited by FDA in the 513(e)
proposed order preamble was the rate of
reoperation due to any complication,
and not specifically for mesh exposurerelated complications.
The comment also stated that the
more recent literature defines success as
improved anatomic and subjective
outcomes compared to native tissue
repair. Of the publications that were not
abstracts or posters, there is only one in
which surgical mesh repair was
compared to native tissue (Ref. 21). In
that study, the primary outcome was
ideal anatomic support based on POP–
Q stage, and not subjective outcomes.
Anatomic success, defined as POP–Q
stage 0 or 1 was greater for the surgical
mesh repair in the anterior
compartment; however, improvement in
quality of life was not statistically
significant between groups. In addition,
subjects in the surgical mesh group had
statistically significant longer hospital
stays, operative time, and estimated
blood loss.
With one exception, of the
publications cited by the commenter to
represent success rates for one line of
mesh products, the definition of a
success was ideal anatomic support
(Refs. 22 through 27). As noted in the
513(e) proposed order preamble, ideal
anatomic support is not a prerequisite
for improvement in patient symptoms.
As stated previously in this document,
the anatomic criterion for success
following surgical repair of prolapse in
the AUGS Pelvic Floor Disorders
Registry is absence of leading edge of
prolapse beyond the hymen, not POP–
Q Stage ≤ 1. In addition, because these
studies did not compare outcomes
between mesh repair and native tissue
repair, it is unknown whether the
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success among mesh subjects would
have exceeded that of native tissue
repair.
One publication that evaluated more
clinical and/or subjective outcomes
compared two mesh products (Ref. 26).
The failure of the mesh repair ranged
from 24 percent to 46 percent,
depending on the outcome measure.
Mesh exposure occurred at a rate of 8
percent. Pelvic pain was reported at 7.4
percent, and of study subjects who were
sexually active, 12.7 percent reported
painful intercourse. In one prospective
study (N = 30), no anatomic outcomes
were reported; however, the report
stated that no patients had symptoms of
recurrent prolapse at 12 months of
followup. Two patients in this cohort
had mesh erosion which required
partial mesh excision (Ref. 28).
The remaining publications cited in
the comment address mesh exposure,
mesh repair as an ambulatory
procedure, and stability of an anchor
device used to attach the mesh to an
anatomic target (Refs. 29 through 31).
The rate of mesh exposure in the first
study was 8.1 percent (Ref. 28). None of
these publications compared mesh
repair to native tissue repair, nor does
any reflect a study designed to evaluate
surgical success.
In summary, FDA concludes that the
literature published since the 513(e) and
515(b) proposed orders were issued and
the additional literature cited by the
commenter further supports the
reclassification of surgical mesh for
transvaginal POP repair from class II to
class III.
(Comment 10) One comment noted
that direct comparison of safety results
between sacrocolpopexy, transvaginal
repair, and native tissue repair can be
misleading if the vaginal repair does not
have a vaginal vault component.
(Response) Based on the evidence
cited in the 513(e) proposed order
preamble, FDA concluded that the types
of risks associated with transvaginal
mesh for POP repair are similar across
different vaginal compartments. FDA is
unaware of any new evidence that
supports the conclusion that the types
of risk associated with transvaginal
mesh for POP are different across
different vaginal compartments.
However, FDA acknowledges that the
frequency of different types of adverse
events may vary across different vaginal
compartments. FDA’s conclusion is in
line with the Panel, which did not
recommend that reclassification be
stratified by compartment. For the
reasons discussed in the 513(e)
proposed order preamble and in this
document, the reclassification applies to
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359
all transvaginal mesh for POP repair
regardless of location of repair.
(Comment 11) One comment stated
that the 513(e) proposed order makes
definitive statements regarding benefit/
risk, when in fact additional studies are
needed to establish benefit/risk.
(Response) FDA disagrees that the
513(e) proposed order makes definitive
statements regarding benefit/risk.
Throughout the 513(e) proposed order
preamble, FDA described its
conclusions as ‘‘tentative.’’
III. The Final Order
Under section 513(e) of the FD&C Act,
FDA is adopting its findings as
published in the preamble to the 513(e)
proposed order (79 FR 24634). FDA is
issuing this final order to reclassify
surgical mesh for transvaginal POP
repair from class II to class III. FDA is
reclassifying these devices based on the
determination that general controls and
special controls together are not
sufficient to provide reasonable
assurance of safety and effectiveness for
this device. In addition, in the absence
of an established positive benefit-risk
profile, FDA has determined that the
risks to health associated with the use
of surgical mesh for transvaginal POP
repair identified previously present a
potential unreasonable risk of illness or
injury.
FDA has modified the proposed
identification in § 884.5980(a) for
surgical mesh for transvaginal pelvic
organ prolapse repair to clarify that the
materials of construction may include
synthetic material, non-synthetic
material, or a combination of synthetic
and non-synthetic materials.
IV. Analysis of Environmental Impact
The Agency has determined under 21
CFR 25.34(b) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
V. Paperwork Reduction Act of 1995
This final order refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
21 CFR part 814, subpart B, have been
approved under OMB control number
0910–0231; and the collections of
information under 21 CFR part 801 have
been approved under OMB control
number 0910–0485.
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VI. Codification of Orders
Prior to the amendments by FDASIA,
section 513(e) of the FD&C Act provided
for FDA to issue regulations to reclassify
devices. Although section 513(e) of the
FD&C Act, as amended, requires FDA to
issue final orders rather than
regulations, FDASIA also provides for
FDA to revoke previously issued
regulations by order. FDA will continue
to codify classifications and
reclassifications in the Code of Federal
Regulations (CFR). Changes resulting
from final orders will appear in the CFR
as changes to codified classification
determinations or as newly codified
orders. Therefore, under section
513(e)(1)(A)(i) of the FD&C Act, as
amended by FDASIA, in this final order,
we are codifying the reclassification of
surgical mesh for transvaginal POP
repair into class III in 21 CFR 884.5980.
asabaliauskas on DSK5VPTVN1PROD with RULES
VII. References
The following references are on
display in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852, and are
available for viewing by interested
persons between 9 a.m. and 4 p.m.,
Monday through Friday; they are also
available electronically at https://
www.regulations.gov. FDA has verified
the Web site addresses, as of the date
this document publishes in the Federal
Register, but Web sites are subject to
change over time.
1. Transcript of the September 8 and 9, 2011,
Meeting of the Obstetrics and
Gynecological Devices Panel. Available
at https://www.fda.gov/downloads/
AdvisoryCommittees/
CommitteesMeetingMaterials/
MedicalDevices/
MedicalDevicesAdvisoryCommittee/
ObstetricsandGynecologyDevices/
UCM275043.pdf and https://
www.fda.gov/downloads/
AdvisoryCommittees/
CommitteesMeetingMaterials/
MedicalDevices/
MedicalDevicesAdvisoryCommittee/
ObstetricsandGynecologyDevices/
UCM275061.pdf.
2. Deprest, J., D. de Ridder, J.P. Roovers, et
al., ‘‘Medium Term Outcome of
Laparoscopic Sacrocolpopexy With
Xenografts Compared to Synthetic
Grafts.’’ Journal of Urology 182: 2362–
2368, 2009.
3. Jeffery, S.T . and A. Nieuwoudt, ‘‘Beyond
the Complications: Medium-Term
Anatomical, Sexual and Functional
Outcomes Following Removal of TrocarGuided Transvaginal Mesh. A
Retrospective Cohort Study.’’
International Urogynecology Journal
23(10): 1391–1396, 2012.
4. Ellis, C. N., ‘‘Outcomes After the Repair of
Rectoceles With Transperineal Insertion
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of a Bioprosthetic Graft.’’ Diseases of the
Colon and Rectum 53: 213–218, 2010.
5. Reid, R. I. and K. Luo, ‘‘Site-Specific
Prolapse Surgery. II. Vaginal Paravaginal
Repair Augmented With Either Synthetic
Mesh or Remodeling Xenograft.’’
International Urogynecology Journal
22(5): 601–609, 2011.
6. Mouritsen, L., M. Kronschnabl, and G.
Lose, ‘‘Long-Term Results of Vaginal
Repairs With and Without Xenograft
Reinforcement.’’ International
Urogynecology Journal 21:467–473,
2010.
7. Armitage, S., E. I. Seman, and M. J. Keirse,
‘‘Use of Surgisis for Treatment of
Anterior and Posterior Vaginal
Prolapse.’’ Obstetrics and Gynecology
International 376251, January 15, 2012.
8. Jeffery, S. T., S. K. Doumouchtsis, S.
Parappallil, et al., ‘‘Outcomes,
Recurrence Rates, and Postoperative
Sexual Function After Secondary
Vaginal Prolapse Surgery Using the
Small Intestinal Submucosal Graft.’’
Female Pelvic Medicine & Reconstructive
Surgery 15: 151–156, 2009.
9. Madhu, C., J. Cooke, P. Harber, and D.
Holmes, ‘‘Functional Outcomes of
Posterior Vaginal Wall Repair and
Prespinous Colpopexy With Biological
Small Intestinal Submucosal (SIS)
Graft.’’ Archives of Gynecology and
Obstetrics May 8, 2014.
10. Feldner, P. C., R. A. Castro, L. A.
Cipolotti, et al., ‘‘Anterior Vaginal Wall
Prolapse: A Randomized Controlled Trial
of SIS Graft Versus Traditional
Colporrhaphy.’’ International
Urogynecology Journal 21: 1057–1063,
2010.
11. Robert, M., I. Girard, E. Brennand, et al.,
‘‘Absorbable Mesh Augmentation
Compared With No Mesh for Anterior
Prolapse: A Randomized Controlled
Trial.’’ Obstetrics & Gynecology 123:
288–294, 2014.
12. Sung, V., C. Rardin, C. Raker, et al.,
‘‘Porcine Subintestinal Submucosal Graft
Augmentation for Rectocele Repair.’’
Obstetrics & Gynecology 119: 125–133,
2012.
13. Pelvic Floor Disorders Registry.
Frequently Asked Questions. Available
at https://www.pfdr.org/p/cm/ld/fid=440.
14. Geoffrion, R., M. Murphy, and M. Robert,
‘‘Vaginal Paravaginal Repair With
Porcine Small Intestine Submucosa:
Midterm Outcomes.’’ Female Pelvic
Medicine & Reconstructive Surgery 17(4):
174–179, 2011.
15. Abed, H., D. D. Rahn, L. Lowenstein, et
al., ‘‘Incidence and Management of Graft
Erosion, Wound Granulation, and
Dyspareunia Following Vaginal Prolapse
Repair With Graft Materials: A
Systematic Review.’’ International
Urogynecology Journal 22:789–798,
2011.
16. ‘‘Update on Serious Complications
Associated With Transvaginal Placement
of Surgical Mesh for Pelvic Organ
Prolapse: FDA Safety Communication,’’
issued on July 13, 2011. Available at
https://www.fda.gov/MedicalDevices/
Safety/AlertsandNotices/
ucm262435.htm.
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17. Onwude, J. L., ‘‘Genital Prolapse in
Women.’’ BMJ Clinical Evidence (Online)
March 14, 2012.
18. Maher, C., ‘‘Anterior Vaginal
Compartment Surgery.’’ International
Urogynecology Journal 24: 1791–1802,
2013.
19. Maher, C., B. Feiner, K. Baessler, and C.
Schmid, ‘‘Surgical Management of Pelvic
Organ Prolapse in Women.’’ Cochrane
Database of Systematic Reviews
4:CD004014, April 30, 2013.
20. Barski, D., T. Otto, and H. Gerullis,
‘‘Systematic Review and Classification of
Complications After Anterior, Posterior,
Apical, and Total Vaginal Mesh
Implantation for Prolapse Repair.’’
Surgical Technology International
24:217–224, March 2014.
21. Su, T. H., H. H. Lau, W. C. Huang, et al.,
‘‘Single-Incision Mesh Repair Versus
Traditional Native Tissue Repair for
Pelvic Organ Prolapse: Results of a
Cohort Study.’’ International
Urogynecology Journal January 28, 2014.
22. Azais, H., C. J. Charles, P. Delporte, and
P. Debondinance, ‘‘Prolapse Repair
Using the Elevate Kit: Prospective Study
on 70 Patients.’’ International
Urogynecology Journal March 1, 2012.
23. Stanford, E. J., R. D. Moore, J. P. Roovers,
et al., ‘‘Elevate Anterior/Apical: 12month Data Showing Safety and Efficacy
in Surgical Treatment of Pelvic Organ
Prolapse.’’ Female Pelvic Medicine &
Reconstructive Surgery 19(2): 79–83,
March–April, 2013.
24. Lubkan J., J. P. Roovers, D. M. Vandrie,
et al., ‘‘Single-Incision Apical and
Posterior Mesh Repair: 1-year
Prospective Outcomes.’’ International
Urogynecology Journal March 15, 2012.
25. Rapp, D. E., A. B. King, B. Rowe, and J.
P. Wolters, ‘‘Comprehensive Evaluation
of Anterior Elevate System in the
Treatment of Anterior and Apical Pelvic
Floor Descent: 2-year Follow-up.’’
Journal of Urology 191(2): 389–394,
February 2014.
26. Wong, V., K. L. Shek, A. Rane, et al., ‘‘A
Comparison of Two Different Mesh Kit
Systems for Anterior Compartment
Prolapse Repair.’’ Australian and New
Zealand Journal of Obstetrics and
Gynaecology February 25, 2014.
27. Moore, R. D., G. K. Mitchell, and J. R.
Miklos, ‘‘Single-Incision Vaginal
Approach To Treat Cystocele and Vault
Prolapse With an Anterior Wall Mesh
Anchored Apically to the Sacrospinous
Ligaments.’’ International Urogynecology
Journal 23(1): 85–91, 2012.
28. Gustapane, S., M. Leombroni, E. Falo, et
al., ‘‘Surgical Repair of Pelvic Organ
Prolapse and Follow-Up: An
Institutional Multi-Center Experience.’’
World Journal of Obstetrics and
Gynecology 2(4): 176–180, 2013.
29. Sirls, L. T., G. P. McLennan, K. A.
Killinger, et al., ‘‘Exploring Predictors of
Mesh Eexposure After Vaginal Prolapse
Repair.’’ Female Pelvic Medicine &
Reconstructive Surgery 19(4): 206–209,
2013.
30. Sinhal, D., J. Iyer, M. Mous, et al.,
‘‘Anterior-Apical Mesh Repair System in
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an Ambulatory Setting.’’ Ambulatory
Surgery 19(4): 130–133, 2013.
31. Brennand, E. A., D. Bhayana, S. Tang, et
al., ‘‘Anchor Placement and Subsequent
Movement in a Mesh Kit With SelfFixating Tips: 6-Month Follow-Up of a
Prospective Cohort.’’ British Journal of
Obstetrics and Gynaecology;
DOI:10.1111/1471–0528.12536, 2014.
asabaliauskas on DSK5VPTVN1PROD with RULES
List of Subjects in 21 CFR Part 884
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 884 is
amended as follows:
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PART 884—OBSTETRICAL AND
GYNECOLOGICAL DEVICES
1. The authority citation for 21 CFR
part 884 continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Add § 884.5980 to subpart F to read
as follows:
■
§ 884.5980 Surgical mesh for transvaginal
pelvic organ prolapse repair.
(a) Identification. Surgical mesh for
transvaginal pelvic organ prolapse
repair is a prescription device intended
to reinforce soft tissue in the pelvic
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361
floor. This device is a porous implant
that is made of synthetic material, nonsynthetic material, or a combination of
synthetic and non-synthetic materials.
This device does not include surgical
mesh for other intended uses
(§ 878.3300 of this chapter).
(b) Classification. Class III (premarket
approval).
Dated: December 30, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–33165 Filed 1–4–16; 8:45 am]
BILLING CODE 4164–01–P
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Agencies
[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Rules and Regulations]
[Pages 353-361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33165]
[[Page 353]]
Vol. 81
Tuesday,
No. 2
January 5, 2016
Part III
Department of Health and Human Services
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Food and Drug Administration
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21 CFR Part 884
Obstetrical and Gynecological Devices; Reclassification of Surgical
Mesh for Transvaginal Pelvic Organ Prolapse Repair; Final Rule
Federal Register / Vol. 81 , No. 2 / Tuesday, January 5, 2016 / Rules
and Regulations
[[Page 354]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 884
[Docket No. FDA-2014-N-0297]
Obstetrical and Gynecological Devices; Reclassification of
Surgical Mesh for Transvaginal Pelvic Organ Prolapse Repair
AGENCY: Food and Drug Administration, HHS.
ACTION: Final order.
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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
issuing a final order to reclassify surgical mesh for transvaginal
pelvic organ prolapse (POP) repair from class II to class III. FDA is
reclassifying these devices based on the determination that general
controls and special controls together are not sufficient to provide
reasonable assurance of safety and effectiveness for this device, and
these devices present a potential unreasonable risk of illness or
injury. The Agency is reclassifying surgical mesh for transvaginal POP
repair on its own initiative based on new information.
DATES: This order is effective on January 5, 2016.
FOR FURTHER INFORMATION CONTACT: Sharon Andrews, Center for Devices and
Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. G110,
Silver Spring, MD 20993, 301-796-6529, Sharon.Andrews@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background--Regulatory Authorities
The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as
amended, established a comprehensive system for the regulation of
medical devices intended for human use. Section 513 of the FD&C Act (21
U.S.C. 360c) established three categories (classes) of devices,
reflecting the regulatory controls needed to provide reasonable
assurance of their safety and effectiveness. The three categories of
devices are class I (general controls), class II (special controls),
and class III (premarket approval).
Under section 513(d) of the FD&C Act, devices that were in
commercial distribution before the enactment of the 1976 amendments,
May 28, 1976 (generally referred to as preamendments devices), are
classified after FDA has: (1) Received a recommendation from a device
classification panel (an FDA advisory committee); (2) published the
panel's recommendation for comment, along with a proposed regulation
classifying the device; and (3) published a final regulation
classifying the device. FDA has classified most preamendments devices
under these procedures.
Devices that were not in commercial distribution prior to May 28,
1976 (generally referred to as postamendments devices), are
automatically classified by section 513(f) of the FD&C Act into class
III without any FDA rulemaking process. Those devices remain in class
III and require premarket approval unless, and until, the device is
reclassified into class I or II or FDA issues an order finding the
device to be substantially equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate device that does not require
premarket approval. The Agency determines whether new devices are
substantially equivalent to predicate devices by means of premarket
notification procedures in section 510(k) of the FD&C Act (21 U.S.C.
360(k)) and 21 CFR part 807.
On July 9, 2012, the Food and Drug Administration Safety and
Innovation Act (FDASIA) (Pub. L. 112-144) was enacted. Section 608(a)
of FDASIA amended section 513(e) of the FD&C Act, changing the
mechanism for reclassifying a device from rulemaking to an
administrative order. Section 513(e) of the FD&C Act provides that FDA
may, by administrative order, reclassify a device based upon ``new
information.'' FDA can initiate a reclassification under section 513(e)
of the FD&C Act or an interested person may petition FDA to reclassify
a device. The term ``new information,'' as used in section 513(e) of
the FD&C Act, includes information developed as a result of a
reevaluation of the data before the Agency when the device was
originally classified, as well as information not presented, not
available, or not developed at that time. (See, e.g., Holland-Rantos
Co. v. United States Department of Health, Education, and Welfare, 587
F.2d 1173, 1174 n.1 (D.C. Cir. 1978); Upjohn v. Finch, 422 F.2d 944
(6th Cir. 1970); Bell v. Goddard, 366 F.2d 177 (7th Cir. 1966).)
Reevaluation of the data previously before the Agency is an
appropriate basis for subsequent action where the reevaluation is made
in light of newly available authority (see Bell, 366 F.2d at 181;
Ethicon, Inc. v. FDA, 762 F.Supp. 382, 388-391 (D.D.C. 1991)), or in
light of changes in ``medical science'' (Upjohn, 422 F.2d at 951).
Whether data before the Agency are old or new data, the ``new
information'' to support reclassification under section 513(e) must be
``valid scientific evidence,'' as defined in section 513(a)(3) of the
FD&C Act and 21 CFR 860.7(c)(2). (See, e.g., Gen. Medical Co. v. FDA,
770 F.2d 214 (D.C. Cir. 1985); Contact Lens Mfrs. Assoc. v. FDA, 766
F.2d 592 (D.C. Cir. 1985), cert. denied, 474 U.S. 1062 (1986).)
To be considered in the reclassification process, the ``valid
scientific evidence'' upon which the Agency relies must be publicly
available. Publicly available information excludes trade secret and/or
confidential commercial information, e.g., the contents of a pending
premarket approval application (PMA). (See section 520(c) of the FD&C
Act (21 U.S.C. 360j(c)).)
Section 513(e)(1) of the FD&C Act sets forth the process for
issuing a final reclassification order. Specifically, prior to the
issuance of a final order reclassifying a device, the following must
occur: (1) Publication of a proposed order in the Federal Register; (2)
a meeting of a device classification panel described in section 513(b)
of the FD&C Act; and (3) consideration of comments to a public docket.
FDA published a proposed order (the 513(e) proposed order) to
reclassify this device in the Federal Register of May 1, 2014 (79 FR
24634). FDA received and has considered approximately 200 comments on
this 513(e) proposed order, as discussed in section II.
FDA held a meeting on September 8 and 9, 2011 (76 FR 41507, July
14, 2011) of the Obstetrics and Gynecology Devices Panel of the Medical
Devices Advisory Committee (``the Panel''), a device classification
panel described in section 513(b) of the FD&C Act, to discuss whether
surgical mesh for transvaginal POP repair should be reclassified into
class III or remain in class II (Ref. 1). The Panel discussed a number
of serious adverse events associated with use of surgical mesh for
transvaginal POP repair. The Panel consensus was that the safety of
surgical mesh for transvaginal POP repair is not well established and
that, depending on the compartment, placement of surgical mesh for
transvaginal POP repair may not be more effective than traditional
``native-tissue'' repair without mesh. As such, the Panel concluded
that the risk-benefit profile of surgical mesh for transvaginal POP
repair is not well established. The Panel consensus was that general
controls and special controls together would not be sufficient to
provide reasonable assurance of the safety and effectiveness of
surgical mesh for transvaginal POP repair, and that these devices
should be reclassified from class II to class III (Ref. 1). FDA is not
aware of new information since the
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Panel meeting that would provide a basis for a different recommendation
or findings.
In the 513(e) proposed order, FDA also proposed to reclassify
surgical instrumentation for urogynecologic surgical mesh procedures
from class I to class II and establish special controls. FDA is not
finalizing the proposed reclassification and special controls for
surgical instrumentation for use with urogynecologic surgical mesh at
this time. As stated in the 513(e) proposed order preamble, FDA will
convene a panel to discuss specialized surgical instrumentation for use
with urogynecologic surgical mesh prior to finalizing reclassification
of instrumentation for this use. On February 26, 2016, the
Gastroenterology and Urology Devices Panel of the Medical Devices
Advisory Committee will have a panel meeting to discuss and make
recommendations for reclassification of these specialized surgical
instrumentation devices.
II. Public Comments in Response to the 513(e) Proposed Order
In response to the 513(e) proposed order to reclassify surgical
mesh for transvaginal POP repair, FDA received approximately 200
comments. The comments and FDA's responses to the comments are
summarized in this section. Certain comments are grouped together under
a single number because the subject matter of the comments is similar.
The number assigned to each comment is purely for organizational
purposes and does not signify the comment's value or importance or the
order in which it was submitted.
(Comment 1) Approximately 70 comments were received from
individuals or family members of individuals who underwent mesh repair
for POP, stress urinary incontinence (SUI), and/or hernias and reported
complications or adverse events experienced during or after their
procedures. The complications and adverse events reported included
organ perforation, bleeding, chronic pain, mesh exposure or extrusion
into the vagina and/or visceral organs (in some cases requiring
additional surgery), infection, atypical vaginal discharge, painful
sexual intercourse, self-catheterization, recurrent prolapse and/or
incontinence, additional corrective surgery, and other permanent and/or
life-altering adverse events.
(Response) FDA appreciates the comments received from individuals
sharing their experiences following surgical mesh repair for POP, SUI,
and/or hernias. The complications and adverse events reported by these
commenters are consistent with those addressed in the 513(e) proposed
order preamble and discussed at the 2011 Panel meeting. The comments
did not identify any adverse event information that was not already
considered by FDA and the Panel.
(Comment 2) Approximately 50 comments requested reclassification of
surgical mesh for indications other than transvaginal POP repair,
including for SUI and hernia.
(Response) Surgical mesh for indications other than transvaginal
POP repair is outside the scope of the 513(e) proposed order and this
document. In the 513(e) proposed order (79 FR 24634 at 24636), FDA
stated that this proposed order does not include surgical mesh
indicated for surgical treatment of stress urinary incontinence,
sacrocolpopexy (transabdominal POP repair), hernia repair, and other
non-urogynecologic indications.
(Comment 3) Approximately 50 comments requested a ban, recall, or
``suspension of use'' of all surgical mesh devices.
(Response) As stated previously, surgical mesh for indications
other than transvaginal POP repair is outside the scope of this final
order. For the reasons discussed in this document, FDA does not believe
that a ban, recall or suspension of use of surgical mesh for
transvaginal POP repair is warranted at this time.
Section 516 of the FD&C Act (21 U.S.C. 360f) authorizes FDA to ban
a device when, on the basis of all available data and information, FDA
finds that the device presents substantial deception or an unreasonable
and substantial risk of illness or injury and, where such deception or
risk could be corrected or eliminated by labeling or change in labeling
and with respect to which the Secretary of the Department of Health and
Human Services (Secretary) provided written notice to the manufacturer
specifying the deception or risk of illness or injury, the labeling or
change in labeling to correct the deception or eliminate or reduce such
risk, and the period within which such labeling or change in labeling
was to be done, such labeling or change in labeling was not done within
such period.
FDA does not believe there is sufficient evidence at this time to
support the banning of this device. Based on a review of the published
literature, as described in the 513(e) proposed order preamble and this
document, input from clinical organizations, and the Panel's
recommendations, FDA has determined that the safety and effectiveness
of surgical mesh for transvaginal POP repair has not been established
and that the collection of additional clinical evidence on these
devices is needed. Such additional evidence may provide information to
allow FDA to impose controls to mitigate the risks and more clearly
characterize the benefits of these devices. In addition, FDA believes
there are potential benefits from surgical mesh used for transvaginal
POP repair including treatment of POP in appropriately selected women
with severe or recurrent prolapse. As such, FDA has not determined that
this device presents an unreasonable and substantial risk of illness or
injury.
FDA also does not believe there is sufficient evidence at this time
to support a mandatory recall of this device. Under section 518(e) of
the FD&C Act (21 U.S.C. 360h(e)), if the Secretary finds that there is
a reasonable probability that a device intended for human use would
cause serious, adverse health consequences or death, the Secretary
shall issue an order requiring the appropriate person (including the
manufacturers, importers, distributors, or retailers of the device) to
immediately cease distribution of such device, and to immediately
notify health professionals and device user facilities of the order and
to instruct such professionals and facilities to cease use of such
device.
FDA does not believe a mandatory recall of all currently marketed
surgical mesh for transvaginal POP repair is warranted. Based on a
review of the published literature as described in the 513(e) proposed
order preamble and this document, input from clinical organizations,
and the Panel's recommendations, FDA believes that there is not
sufficient evidence at this time to support a finding that there is a
reasonable probability that surgical mesh for transvaginal repair of
POP would cause serious adverse health consequences or death. As
described in the 513(e) proposed order preamble and discussed at the
2011 Panel meeting, the safety and effectiveness of surgical mesh for
transvaginal repair of POP has not been established and these devices
should be evaluated in clinical studies that compare the device to
native tissue repair in order to establish a reasonable assurance of
safety and effectiveness.
It is unclear what commenters were referencing when they asked FDA
to ``suspend the use'' of these devices. As stated previously, FDA does
not believe a ban or recall is warranted at this time, and as stated in
this document, there are other actions FDA has taken and may take in
the future to ensure that there is
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a reasonable assurance of the safety and effectiveness of surgical mesh
for transvaginal POP repair.
FDA believes other regulatory actions it has taken will help the
Agency to better understand the risk-benefit profile of these devices.
FDA issued postmarket surveillance orders under section 522 of the FD&C
Act (21 U.S.C. 360l) to manufacturers of surgical mesh for transvaginal
POP repair starting on January 3, 2012. The postmarket surveillance
orders allow FDA to continue to evaluate the benefit-risk profile of
the device. Further, by reclassifying these devices to class III and
requiring PMA approval, FDA can require an independent demonstration
that a reasonable assurance of safety and effectiveness exists for each
device within this type. Elsewhere in this issue of the Federal
Register, FDA is issuing a final order under section 515(b) of the FD&C
Act (21 U.S.C. 360e(b)) (the 515(b) final order) to require the filing
of a PMA or notice of completion of a product development protocol for
surgical mesh for transvaginal POP repair. The preamble of the 515(b)
final order provides further information regarding the data and
scientific evidence needed for a PMA.
FDA will consider other regulatory actions relating to this device
as appropriate in the future.
(Comment 4) Approximately 20 comments stated that the polypropylene
material used to fabricate surgical mesh is inappropriate for
implantation. These comments contend that the degradation of the
polypropylene mesh in vivo may lead to systemic effects that can cause
serious complications.
(Response) FDA believes that a thorough evaluation of the material
used to fabricate surgical mesh for transvaginal POP repair is needed
to provide a reasonable assurance of safety and effectiveness of the
device. The findings set forth in the 515(b) proposed order preamble,
as discussed in this document, address this issue (these findings are
adopted, as amended, in the 515(b) final order that is published
elsewhere in this issue of the Federal Register).
In the 515(b) proposed order preamble, FDA stated that
manufacturers should provide information in their PMAs regarding
biocompatibility, preclinical bench testing and preclinical animal
studies, among other proposed information, to demonstrate reasonable
assurance of safety and effectiveness of surgical mesh for transvaginal
POP repair. Such performance data, which may generally include
assessment of the mesh chemical and physical characteristics, in vitro
chemical characterization studies, and in vivo preclinical implantation
studies, will be reviewed by FDA to determine whether the risks
associated with implantation of the polypropylene material are
appropriately mitigated. The 515(b) proposed order preamble also stated
that a PMA would need to include the information required by section
515(c)(1) of the FD&C Act, which includes manufacturing information.
FDA's review of such manufacturing information will allow the Agency to
evaluate whether the polypropylene material is safe and effective for
transvaginal POP repair.
(Comment 5) One comment stated that FDA should not include non-
crosslinked biologic grafts in this reclassification and that such
grafts should not be subject to postmarket surveillance studies. The
comment stated that the 513(e) proposed order cited relatively few
studies that examine the use of biologically derived grafts for POP
repair. The comment also noted that FDA's analysis did not distinguish
crosslinked versus non-crosslinked biologic grafts. The comment
requested that FDA review additional data, including a summary of 18
publications regarding non-crosslinked biologic grafts submitted by the
commenter, and consider the different risk profiles of biologic grafts
and specifically whether non-crosslinked biologic grafts should be
reclassified.
(Response) As discussed in the response to comment 9, FDA performed
an updated review of the literature to consider new clinical
information available since publication of the 513(e) and 515(b)
proposed orders and additional publications cited by the commenter, and
whether non-crosslinked biologic grafts should be reclassified. Based
on this review, FDA believes that there is currently insufficient
evidence to support a finding that the benefit-risk profile of non-
crosslinked biologic grafts differs from that of synthetic meshes.
There is little evidence overall on biologic grafts (as compared to
synthetic meshes), and the majority of studies evaluating non-
crosslinked biologic grafts are on small populations and are not
prospective. Moreover, the limited clinical evidence that is available
indicates that like synthetic surgical mesh for transvaginal POP
repair, non-crosslinked biologic mesh is associated with adverse events
and does not demonstrate effectiveness compared to traditional (i.e.,
native tissue) repair of POP.
The commenter cited 18 publications reporting outcomes for non-
crosslinked biologic graft for use in transvaginal or transabdominal
POP repair (Refs. 2 through 19). As described in this document, these
publications in totality do not provide sufficient evidence of the
reasonable safety and effectiveness of non-crosslinked biologic grafts.
Of these publications, 6 of the 18 report outcomes on fewer than 15
study subjects (Refs. 2 through 7). Due to the small sample size, the
outcomes from these publications are difficult to interpret and FDA
could not conclude that the risk profiles of non-crosslinked biologic
grafts were different than synthetic meshes.
Of the remaining 12 publications, 1 describes outcomes after
sacrocolpopexy (Ref. 2), 1 describes use of a non-crosslinked biologic
graft to cover a vaginal wall defect following explantation of a
synthetic mesh to treat prolapse (Ref. 3), and 1 describes
transperineal repair of rectocele (Ref. 4). These uses are outside the
scope of the reclassification.
One publication reported a retrospective review of non-
contemporaneous mesh-augmented (non-crosslinked biologic and synthetic)
versus native tissue anterior compartment repair (Ref. 5). One author
in that report switched to the mesh-augmented technique part way
through the period covered by the study due to dissatisfaction with
native tissue repair. This may affect the objectivity of the study
results and may lead to a conclusion that inappropriately favors mesh-
augmented repair. Anatomic success was greater in mesh-augmented
patients; however, objective anatomic success was defined as Stage 0 or
1 using the Baden-Walder system (Stage 0--normal position, Stage 1--
descent halfway to the hymen). This may represent an ideal outcome, but
does not necessarily represent a clinically relevant outcome. As
discussed in the 513(e) proposed order preamble, prolapse staging
systems like the Pelvic Organ Prolapse Quantification (POP-Q) are ``not
correlated with POP symptoms or patient assessment of improvement
[(Barber et al., 2009)].''
Another publication reported long-term followup in a retrospective
patient cohort (N = 41) who had undergone graft repair of anterior or
posterior vaginal prolapse compared to a contemporaneous cohort of
``matched'' native tissue repair controls (Ref. 6). Subjective outcomes
were significantly better in the graft cohort; however, recurrence
tended to be greater in the graft cohort when defined strictly as
>=POP-Q Stage 2. This means that the graft cohort experienced greater
anatomic failure when using POP-Q
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Stage 1 as the cutoff for anatomic success.
One publication described a retrospective case review without
native tissue control (Ref. 7). This review (N = 65) found a subjective
success (no symptoms and no bulge beyond the hymen) rate of 92 percent.
Reoperation rate for de novo and recurrent prolapse was 7.7 percent,
and three women had repeat surgery at the same anatomic site (anterior
compartment). Because this study did not include a control group, we
are unable to compare safety and effectiveness outcomes between
patients who received mesh and patients who underwent native tissue
repair.
Two publications described prospective cohorts. In one small series
(N = 21), women with recurrent prolapse underwent anterior, posterior,
or combined anterior/posterior repair with non-crosslinked biologic
mesh (Ref. 8). Mean POP-Q scores preoperatively were Ba = 0.63 versus
Ba = 1.75 postoperatively. Preoperative Bp score was -0.2 versus Bp -
2.2 postoperatively. The authors reported a mean followup of 29 months.
Six patients reported persistent bulge, and eight patients reported
vaginal discomfort. This study has a small sample size and does not
allow for comparison to native tissue repair.
The other prospective cohort study (N = 50) evaluated patient-
reported outcomes at 6 months following posterior compartment repair
augmented with non-crosslinked mesh (Ref. 9). Although significant
improvements were noted for vaginal symptoms, sexual matters score and
quality of life on the International Consultation on Incontinence
Questionnaire vaginal symptoms questionnaire, anatomic outcomes were
not collected. Therefore, effectiveness outcomes cannot be evaluated
from this study.
Only three of the remaining publications described prospective
randomized controlled trials (RCTs) comparing anterior or posterior
vaginal repair using non-crosslinked biologic graft versus native
tissue repair (Refs. 10 through 12). None of the three RCTs defined
anatomic success as the leading edge of prolapse at or above the
hymenal ring, which is considered a more clinically relevant outcome
compared to POP-Q score. The criterion for anatomic success of prolapse
repair in the American Urogynecologic Society (AUGS) Pelvic Floor
Disorders Registry is leading edge at or above the hymen (Ref. 13).
The final publication identified by the commenter described
prospective followup of a cohort assembled from a retrospective chart
review (N = 59) (Ref. 14). This report does define anatomic success at
the hymenal ring. Objective recurrence of prolapse in this study was
approximately 31 percent.
Regarding mesh exposure/erosion, the publications cited by the
commenter suggests that the risk of vaginal exposure/erosion for the
non-crosslinked mesh is low. In the 513(e) proposed order preamble, FDA
noted that the incidence of mesh exposure did not differ between
nonabsorbable synthetic mesh (10.3 percent) and biologic graft material
(10.1 percent) (Ref. 15).
For other types of surgical complications, one RCT (N = 56) found
that the number of complications in the mesh group was greater compared
to the native tissue repair group (Ref. 10). Blood loss was greater for
mesh versus native tissue rectocele repair in another RCT (N = 160)
(Ref. 12). In the same RCT, there was a trend towards increased risk of
wound separation following non-crosslinked graft repair versus native
tissue repair; however, the outcome did not reach statistical
significance.
In addition, serious adverse events are reported in association
with non-crosslinked biologic graft, including pain necessitating
resurgery (Ref. 14). In this study, surgical complications included
cystotomy (6.8 percent) and enterotomy (1.7 percent). Twenty-four
percent of subjects had postoperative voiding dysfunction, and there
was a 5.1 percent rate of hemorrhage requiring transfusion. (It is
unclear whether these complications were device-related). The rate of
dyspareunia at followup was 8.3 percent. The study did not include a
control group, so it is unknown how the benefits and risks of graft-
augmented repair with the non-crosslinked biologic graft would have
compared with a native tissue repair.
In summary, there is insufficient available evidence from
prospective studies using an appropriate primary endpoint for anatomic
success on which to evaluate the effectiveness of transvaginal POP
repair using non-crosslinked biologic mesh versus native tissue repair.
The available clinical outcomes provide evidence that non-crosslinked
biologic mesh is associated with adverse events. There are no data from
RCTs with long-term followup that demonstrate clinical effectiveness of
this material for transvaginal POP repair compared to native tissue
repair.
As a result of these findings, FDA is not differentiating between
non-crosslinked biologic grafts and synthetic mesh for transvaginal POP
repair in this reclassification order and is reclassifying all of these
devices from class II to class III. FDA's decision is in line with the
2011 Panel, which did not recommend stratification of surgical mesh for
transvaginal POP repair by material characteristics.
(Comment 6) Approximately 20 comments stated that patients were not
adequately informed of the possible complications following mesh
implantation or that patients were not informed prior to surgery that
mesh would be implanted.
(Response) FDA believes that patients should be adequately informed
regarding the possible complications associated with surgical mesh. As
stated in the FDA Safety Communication published in July 2011 (Ref.
16), health care providers should: (1) Inform patients that
implantation of surgical mesh is permanent and that some complications
associated with the implanted mesh may require additional surgery that
may or may not correct the complication; (2) inform patients about the
potential for serious complications and their effect on quality of
life, including pain during sexual intercourse, scarring, and narrowing
of the vaginal wall in POP repair using surgical mesh; and (3) provide
patients with a copy of the patient labeling from the surgical mesh
manufacturer, if available. The 2011 Safety Communication also includes
recommendations for patients to help them obtain the appropriate
information prior to a surgical mesh repair.
The Panel recommended that FDA focus on development of patient
labeling and provide patients with benefit-risk information on
available treatment options for POP, including surgical and nonsurgical
options, to help patients understand long-term safety and effectiveness
outcomes (Ref. 1, p. 150).
For these reasons, in the findings of the 515(b) proposed order,
which are adopted as amended in the 515(b) final order that is being
published elsewhere in this issue of the Federal Register, FDA asserted
that manufacturers should include in their PMAs for these devices
professional and patient labeling, and that the patient labeling would
be expected to include, among other things, the risks and benefits of
the device and available treatment options. Therefore, it is expected
that PMAs for these devices include professional and patient labeling,
and that the patient labeling include, among other things, the risks
and benefits of the device and available treatment options.
(Comment 7) Approximately 30 comments stated that surgical mesh
should be adequately tested, including
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rigorous clinical evaluation prior to marketing. Comments also
emphasized the need to understand the long-term effects of surgical
mesh.
(Response) FDA agrees that surgical mesh for transvaginal POP
repair should be adequately tested prior to marketing to provide a
reasonable assurance of safety and effectiveness. FDA believes that
surgical mesh for transvaginal POP repair should undergo mechanical and
chemical characterization and performance evaluation, biocompatibility,
sterilization validation, shelf life, and preclinical in vivo testing
to provide a reasonable assurance of safety and effectiveness of the
device prior to marketing. In addition, surgical mesh for transvaginal
POP repair should be evaluated clinically, specifically to evaluate the
safety and effectiveness of the device compared to native tissue
repair. In the 515(b) final order that is being published elsewhere in
this issue of the Federal Register, FDA is requesting that
manufacturers provide this information to support premarket approval of
surgical mesh for transvaginal POP repair.
With respect to long-term effects of surgical mesh, FDA believes
that the clinical evaluation of surgical mesh for transvaginal POP
repair should include long-term followup. FDA issued postmarket
surveillance orders under section 522 of the FD&C Act for these devices
that will collect long-term followup out to 3 years post implantation.
The comments also referenced surgical mesh for SUI and
sacrocolpopexy. As stated previously, surgical mesh for indications
other than transvaginal repair of POP is outside the scope of this
final order.
(Comment 8) Approximately five comments stated the mesh for
treatment of female SUI and sacrocolpopexy should not be reclassified
to class III.
(Response) As stated previously, surgical mesh for indications
other than transvaginal POP repair are outside the scope of this final
order.
(Comment 9) One comment stated that FDA should evaluate recent data
on POP mesh repair as the recent literature is more representative of
current technologies, instructions for use, and physician training of
currently marketed devices and that erosion rates and complication
rates are lower in current literature than compared to rates cited in
the 513(e) proposed order.
(Response) FDA conducted an updated review of the literature
published since the 513(e) and 515(b) proposed orders were issued and
reviewed additional publications cited by the commenter, summarized in
further detail in this document, and determined that the weight of the
evidence indicates that use of surgical mesh for transvaginal POP
repair is not strongly or consistently associated with increased
benefits over native tissue repair in the treatment of stage 2 or
higher POP. Overall, the evidence indicates that mesh surgeries take
longer to perform, result in greater blood loss, and have a
considerable risk of postoperative mesh erosion in comparison to native
tissue repair. In addition, there is suggestive evidence that use of
surgical mesh for transvaginal POP repair may pose a higher risk of de
novo POP relative to native tissue repair.
The majority of studies identified by the commenter, and considered
in the updated literature review conducted by FDA, assessed the
anterior compartment; therefore, it is difficult to draw conclusions on
the differential effects of mesh by compartment, relative to native
tissue repair. Furthermore, data from prospective, randomized studies
comparing surgical mesh and native tissue repair using a clinically
relevant definition of success are limited at this time. The benefit-
risk profile comparison favors native tissue repair over use of
surgical mesh for transvaginal POP repair. FDA concludes that the
updated literature review further supports the reclassification of
surgical mesh for transvaginal POP repair from class II to class III as
reasonable assurance of safety and effectiveness for the device has not
been demonstrated.
The comment stated that four recent systematic reviews on surgical
options for POP continue to support use of transvaginal mesh to treat
anterior wall prolapse (Refs. 17 through 20). One of these systematic
reviews was cited in the 513(e) proposed order preamble (Ref. 19) and
therefore is not discussed in detail here. This systematic review
evaluated surgical management of POP in women and concluded that ``The
use of grafts (biological or synthetic) reduces the risk of prolapse
symptoms and recurrent anterior vaginal prolapse on examination when
compared to native tissue repairs (colporrhaphy). However, the
advantages of a permanent polypropylene mesh must be weighed against
disadvantages including longer operating time, greater blood loss,
prolapse in other areas of the vagina, new onset urinary stress
incontinence, and the mesh becoming exposed in the vagina in 11 percent
of women. In general, there is a lack of evidence to support
transvaginal mesh operations used in apical or posterior compartment
surgery.'' The second of these two reviews reported on anterior vaginal
compartment repair specifically (Ref. 18). The review specific to
anterior vaginal compartment repair noted that improved anatomic
outcomes conferred by surgical mesh used for anterior POP repair are
not always accompanied by improvement in subjective outcomes. Whereas
polypropylene mesh appears to lead to improvement in both anatomic and
subjective outcomes, these results did not lead to improved functional
outcomes using validated questionnaires or to a lower reoperation rate
for POP. This review concluded that surgical mesh is significantly
associated with longer operating time, greater blood loss, and
development of POP in another vaginal compartment. The author also
noted a nonsignificant tendency towards higher cystotomy, de novo
dyspareunia, and de novo SUI rate compared to native tissue anterior
repair.
The third systematic review cited by the commenter was to address
nonsurgical treatments for POP, effects of POP surgery by vaginal
compartment, and how different mesh materials affect surgical repair of
POP (Ref. 17). Regarding anterior prolapse repair with mesh, the author
did not reach a conclusion regarding the need for reoperation for POP
or SUI following index POP surgery; however, anterior repair using
surgical mesh was found to increase risk for revision of the vaginal
wound due to mesh exposure.
The focus of the fourth systematic review cited by the commenter
described complications following POP repair using surgical mesh (Ref.
20). The review found that the mean total complication rate in the
anterior compartment was 27 percent and that there was an 8 percent
rate of complications >= grade III on the Clavien-Dindo classification
system (i.e., requiring surgical, endoscopic, or radiological
intervention).
The comment also stated that these recent systematic reviews report
complication rates that required surgical intervention ranging from 6.3
to 9 percent in the anterior compartment versus the ``upper bound of 22
percent cited in the proposed order.'' In the 513(e) proposed order
preamble, FDA stated the following: ``From the one RCT that directly
compared sacrocolpopexy to transvaginal POP repair with mesh (both
using synthetic nonabsorbable mesh), overall re-surgery within 2 years
postoperative was significantly more common following transvaginal POP
repair with mesh than laparoscopic sacrocolpopexy, with rates of 22
percent (12/55) and 5 percent (3/53),
[[Page 359]]
respectively (p = 0.006) (79 FR 24637).'' The 22 percent cited by FDA
in the 513(e) proposed order preamble was not specific for anterior
repair, but rather included all vaginal compartments.
In addition to the four recent systematic reviews discussed
previously, the commenter cited 43 published reports, of which 31 are
abstracts or poster presentations. Based on the limited scientific
evidence in these abstracts and poster presentations, they are
difficult to evaluate, and therefore, FDA was unable to draw any
conclusions from these publications. The comment stated that
collectively, the studies report mesh exposure rates of 0 to 8 percent
and of the mesh exposures, only approximately 38 percent required
surgical intervention. The comment stated this outcome represents a
reduction compared to the 7.2 percent rate cited in the 513(e) proposed
order. However, the 7.2 percent rate cited by FDA in the 513(e)
proposed order preamble was the rate of reoperation due to any
complication, and not specifically for mesh exposure-related
complications.
The comment also stated that the more recent literature defines
success as improved anatomic and subjective outcomes compared to native
tissue repair. Of the publications that were not abstracts or posters,
there is only one in which surgical mesh repair was compared to native
tissue (Ref. 21). In that study, the primary outcome was ideal anatomic
support based on POP-Q stage, and not subjective outcomes. Anatomic
success, defined as POP-Q stage 0 or 1 was greater for the surgical
mesh repair in the anterior compartment; however, improvement in
quality of life was not statistically significant between groups. In
addition, subjects in the surgical mesh group had statistically
significant longer hospital stays, operative time, and estimated blood
loss.
With one exception, of the publications cited by the commenter to
represent success rates for one line of mesh products, the definition
of a success was ideal anatomic support (Refs. 22 through 27). As noted
in the 513(e) proposed order preamble, ideal anatomic support is not a
prerequisite for improvement in patient symptoms. As stated previously
in this document, the anatomic criterion for success following surgical
repair of prolapse in the AUGS Pelvic Floor Disorders Registry is
absence of leading edge of prolapse beyond the hymen, not POP-Q Stage
<= 1. In addition, because these studies did not compare outcomes
between mesh repair and native tissue repair, it is unknown whether the
success among mesh subjects would have exceeded that of native tissue
repair.
One publication that evaluated more clinical and/or subjective
outcomes compared two mesh products (Ref. 26). The failure of the mesh
repair ranged from 24 percent to 46 percent, depending on the outcome
measure. Mesh exposure occurred at a rate of 8 percent. Pelvic pain was
reported at 7.4 percent, and of study subjects who were sexually
active, 12.7 percent reported painful intercourse. In one prospective
study (N = 30), no anatomic outcomes were reported; however, the report
stated that no patients had symptoms of recurrent prolapse at 12 months
of followup. Two patients in this cohort had mesh erosion which
required partial mesh excision (Ref. 28).
The remaining publications cited in the comment address mesh
exposure, mesh repair as an ambulatory procedure, and stability of an
anchor device used to attach the mesh to an anatomic target (Refs. 29
through 31). The rate of mesh exposure in the first study was 8.1
percent (Ref. 28). None of these publications compared mesh repair to
native tissue repair, nor does any reflect a study designed to evaluate
surgical success.
In summary, FDA concludes that the literature published since the
513(e) and 515(b) proposed orders were issued and the additional
literature cited by the commenter further supports the reclassification
of surgical mesh for transvaginal POP repair from class II to class
III.
(Comment 10) One comment noted that direct comparison of safety
results between sacrocolpopexy, transvaginal repair, and native tissue
repair can be misleading if the vaginal repair does not have a vaginal
vault component.
(Response) Based on the evidence cited in the 513(e) proposed order
preamble, FDA concluded that the types of risks associated with
transvaginal mesh for POP repair are similar across different vaginal
compartments. FDA is unaware of any new evidence that supports the
conclusion that the types of risk associated with transvaginal mesh for
POP are different across different vaginal compartments. However, FDA
acknowledges that the frequency of different types of adverse events
may vary across different vaginal compartments. FDA's conclusion is in
line with the Panel, which did not recommend that reclassification be
stratified by compartment. For the reasons discussed in the 513(e)
proposed order preamble and in this document, the reclassification
applies to all transvaginal mesh for POP repair regardless of location
of repair.
(Comment 11) One comment stated that the 513(e) proposed order
makes definitive statements regarding benefit/risk, when in fact
additional studies are needed to establish benefit/risk.
(Response) FDA disagrees that the 513(e) proposed order makes
definitive statements regarding benefit/risk. Throughout the 513(e)
proposed order preamble, FDA described its conclusions as
``tentative.''
III. The Final Order
Under section 513(e) of the FD&C Act, FDA is adopting its findings
as published in the preamble to the 513(e) proposed order (79 FR
24634). FDA is issuing this final order to reclassify surgical mesh for
transvaginal POP repair from class II to class III. FDA is
reclassifying these devices based on the determination that general
controls and special controls together are not sufficient to provide
reasonable assurance of safety and effectiveness for this device. In
addition, in the absence of an established positive benefit-risk
profile, FDA has determined that the risks to health associated with
the use of surgical mesh for transvaginal POP repair identified
previously present a potential unreasonable risk of illness or injury.
FDA has modified the proposed identification in Sec. 884.5980(a)
for surgical mesh for transvaginal pelvic organ prolapse repair to
clarify that the materials of construction may include synthetic
material, non-synthetic material, or a combination of synthetic and
non-synthetic materials.
IV. Analysis of Environmental Impact
The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
V. Paperwork Reduction Act of 1995
This final order refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 814, subpart B, have been
approved under OMB control number 0910-0231; and the collections of
information under 21 CFR part 801 have been approved under OMB control
number 0910-0485.
[[Page 360]]
VI. Codification of Orders
Prior to the amendments by FDASIA, section 513(e) of the FD&C Act
provided for FDA to issue regulations to reclassify devices. Although
section 513(e) of the FD&C Act, as amended, requires FDA to issue final
orders rather than regulations, FDASIA also provides for FDA to revoke
previously issued regulations by order. FDA will continue to codify
classifications and reclassifications in the Code of Federal
Regulations (CFR). Changes resulting from final orders will appear in
the CFR as changes to codified classification determinations or as
newly codified orders. Therefore, under section 513(e)(1)(A)(i) of the
FD&C Act, as amended by FDASIA, in this final order, we are codifying
the reclassification of surgical mesh for transvaginal POP repair into
class III in 21 CFR 884.5980.
VII. References
The following references are on display in the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, and are available for viewing by
interested persons between 9 a.m. and 4 p.m., Monday through Friday;
they are also available electronically at https://www.regulations.gov.
FDA has verified the Web site addresses, as of the date this document
publishes in the Federal Register, but Web sites are subject to change
over time.
1. Transcript of the September 8 and 9, 2011, Meeting of the
Obstetrics and Gynecological Devices Panel. Available at https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/ObstetricsandGynecologyDevices/UCM275043.pdf and https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/ObstetricsandGynecologyDevices/UCM275061.pdf.
2. Deprest, J., D. de Ridder, J.P. Roovers, et al., ``Medium Term
Outcome of Laparoscopic Sacrocolpopexy With Xenografts Compared to
Synthetic Grafts.'' Journal of Urology 182: 2362-2368, 2009.
3. Jeffery, S.T . and A. Nieuwoudt, ``Beyond the Complications:
Medium-Term Anatomical, Sexual and Functional Outcomes Following
Removal of Trocar-Guided Transvaginal Mesh. A Retrospective Cohort
Study.'' International Urogynecology Journal 23(10): 1391-1396,
2012.
4. Ellis, C. N., ``Outcomes After the Repair of Rectoceles With
Transperineal Insertion of a Bioprosthetic Graft.'' Diseases of the
Colon and Rectum 53: 213-218, 2010.
5. Reid, R. I. and K. Luo, ``Site-Specific Prolapse Surgery. II.
Vaginal Paravaginal Repair Augmented With Either Synthetic Mesh or
Remodeling Xenograft.'' International Urogynecology Journal 22(5):
601-609, 2011.
6. Mouritsen, L., M. Kronschnabl, and G. Lose, ``Long-Term Results
of Vaginal Repairs With and Without Xenograft Reinforcement.''
International Urogynecology Journal 21:467-473, 2010.
7. Armitage, S., E. I. Seman, and M. J. Keirse, ``Use of Surgisis
for Treatment of Anterior and Posterior Vaginal Prolapse.''
Obstetrics and Gynecology International 376251, January 15, 2012.
8. Jeffery, S. T., S. K. Doumouchtsis, S. Parappallil, et al.,
``Outcomes, Recurrence Rates, and Postoperative Sexual Function
After Secondary Vaginal Prolapse Surgery Using the Small Intestinal
Submucosal Graft.'' Female Pelvic Medicine & Reconstructive Surgery
15: 151-156, 2009.
9. Madhu, C., J. Cooke, P. Harber, and D. Holmes, ``Functional
Outcomes of Posterior Vaginal Wall Repair and Prespinous Colpopexy
With Biological Small Intestinal Submucosal (SIS) Graft.'' Archives
of Gynecology and Obstetrics May 8, 2014.
10. Feldner, P. C., R. A. Castro, L. A. Cipolotti, et al.,
``Anterior Vaginal Wall Prolapse: A Randomized Controlled Trial of
SIS Graft Versus Traditional Colporrhaphy.'' International
Urogynecology Journal 21: 1057-1063, 2010.
11. Robert, M., I. Girard, E. Brennand, et al., ``Absorbable Mesh
Augmentation Compared With No Mesh for Anterior Prolapse: A
Randomized Controlled Trial.'' Obstetrics & Gynecology 123: 288-294,
2014.
12. Sung, V., C. Rardin, C. Raker, et al., ``Porcine Subintestinal
Submucosal Graft Augmentation for Rectocele Repair.'' Obstetrics &
Gynecology 119: 125-133, 2012.
13. Pelvic Floor Disorders Registry. Frequently Asked Questions.
Available at https://www.pfdr.org/p/cm/ld/fid=440.
14. Geoffrion, R., M. Murphy, and M. Robert, ``Vaginal Paravaginal
Repair With Porcine Small Intestine Submucosa: Midterm Outcomes.''
Female Pelvic Medicine & Reconstructive Surgery 17(4): 174-179,
2011.
15. Abed, H., D. D. Rahn, L. Lowenstein, et al., ``Incidence and
Management of Graft Erosion, Wound Granulation, and Dyspareunia
Following Vaginal Prolapse Repair With Graft Materials: A Systematic
Review.'' International Urogynecology Journal 22:789-798, 2011.
16. ``Update on Serious Complications Associated With Transvaginal
Placement of Surgical Mesh for Pelvic Organ Prolapse: FDA Safety
Communication,'' issued on July 13, 2011. Available at https://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm262435.htm.
17. Onwude, J. L., ``Genital Prolapse in Women.'' BMJ Clinical
Evidence (Online) March 14, 2012.
18. Maher, C., ``Anterior Vaginal Compartment Surgery.''
International Urogynecology Journal 24: 1791-1802, 2013.
19. Maher, C., B. Feiner, K. Baessler, and C. Schmid, ``Surgical
Management of Pelvic Organ Prolapse in Women.'' Cochrane Database of
Systematic Reviews 4:CD004014, April 30, 2013.
20. Barski, D., T. Otto, and H. Gerullis, ``Systematic Review and
Classification of Complications After Anterior, Posterior, Apical,
and Total Vaginal Mesh Implantation for Prolapse Repair.'' Surgical
Technology International 24:217-224, March 2014.
21. Su, T. H., H. H. Lau, W. C. Huang, et al., ``Single-Incision
Mesh Repair Versus Traditional Native Tissue Repair for Pelvic Organ
Prolapse: Results of a Cohort Study.'' International Urogynecology
Journal January 28, 2014.
22. Azais, H., C. J. Charles, P. Delporte, and P. Debondinance,
``Prolapse Repair Using the Elevate Kit: Prospective Study on 70
Patients.'' International Urogynecology Journal March 1, 2012.
23. Stanford, E. J., R. D. Moore, J. P. Roovers, et al., ``Elevate
Anterior/Apical: 12-month Data Showing Safety and Efficacy in
Surgical Treatment of Pelvic Organ Prolapse.'' Female Pelvic
Medicine & Reconstructive Surgery 19(2): 79-83, March-April, 2013.
24. Lubkan J., J. P. Roovers, D. M. Vandrie, et al., ``Single-
Incision Apical and Posterior Mesh Repair: 1-year Prospective
Outcomes.'' International Urogynecology Journal March 15, 2012.
25. Rapp, D. E., A. B. King, B. Rowe, and J. P. Wolters,
``Comprehensive Evaluation of Anterior Elevate System in the
Treatment of Anterior and Apical Pelvic Floor Descent: 2-year
Follow-up.'' Journal of Urology 191(2): 389-394, February 2014.
26. Wong, V., K. L. Shek, A. Rane, et al., ``A Comparison of Two
Different Mesh Kit Systems for Anterior Compartment Prolapse
Repair.'' Australian and New Zealand Journal of Obstetrics and
Gynaecology February 25, 2014.
27. Moore, R. D., G. K. Mitchell, and J. R. Miklos, ``Single-
Incision Vaginal Approach To Treat Cystocele and Vault Prolapse With
an Anterior Wall Mesh Anchored Apically to the Sacrospinous
Ligaments.'' International Urogynecology Journal 23(1): 85-91, 2012.
28. Gustapane, S., M. Leombroni, E. Falo, et al., ``Surgical Repair
of Pelvic Organ Prolapse and Follow-Up: An Institutional Multi-
Center Experience.'' World Journal of Obstetrics and Gynecology
2(4): 176-180, 2013.
29. Sirls, L. T., G. P. McLennan, K. A. Killinger, et al.,
``Exploring Predictors of Mesh Eexposure After Vaginal Prolapse
Repair.'' Female Pelvic Medicine & Reconstructive Surgery 19(4):
206-209, 2013.
30. Sinhal, D., J. Iyer, M. Mous, et al., ``Anterior-Apical Mesh
Repair System in
[[Page 361]]
an Ambulatory Setting.'' Ambulatory Surgery 19(4): 130-133, 2013.
31. Brennand, E. A., D. Bhayana, S. Tang, et al., ``Anchor Placement
and Subsequent Movement in a Mesh Kit With Self-Fixating Tips: 6-
Month Follow-Up of a Prospective Cohort.'' British Journal of
Obstetrics and Gynaecology; DOI:10.1111/1471-0528.12536, 2014.
List of Subjects in 21 CFR Part 884
Medical devices.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
884 is amended as follows:
PART 884--OBSTETRICAL AND GYNECOLOGICAL DEVICES
0
1. The authority citation for 21 CFR part 884 continues to read as
follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.
0
2. Add Sec. 884.5980 to subpart F to read as follows:
Sec. 884.5980 Surgical mesh for transvaginal pelvic organ prolapse
repair.
(a) Identification. Surgical mesh for transvaginal pelvic organ
prolapse repair is a prescription device intended to reinforce soft
tissue in the pelvic floor. This device is a porous implant that is
made of synthetic material, non-synthetic material, or a combination of
synthetic and non-synthetic materials. This device does not include
surgical mesh for other intended uses (Sec. 878.3300 of this chapter).
(b) Classification. Class III (premarket approval).
Dated: December 30, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-33165 Filed 1-4-16; 8:45 am]
BILLING CODE 4164-01-P