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Global pandemic threat

Preparation the key to avoiding pandemic-driven litigation

Aug. 18, 2020
By Mark McCarty
Life science companies doing business during a pandemic may believe that patients, judges and juries will look kindly on products that don’t perform as promised, but that may be an empty wish. Angela Seaton, an attorney with the D.C. office of Shook, Hardy & Bacon LLP, advised that companies that want to break into new markets because of pandemic-specific demand should do their homework, including a review of U.S. FDA warning letters.
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D.C. Circuit: Once an orphan, always an orphan – at least in the past

Aug. 18, 2020
By Mari Serebrov
The FDA’s bright line between orphan designation and exclusivity was erased, again, Monday for some drugs when the U.S. Court of Appeals for the District of Columbia denied the agency an en banc rehearing of Eagle Pharmaceuticals Inc. v. Alex Azar.
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XO Cross

Transit Scientific's XO Cross Microcatheters see first use

Aug. 17, 2020
By Annette Boyle
Transit Scientific LLC’s XO Cross Microcatheter platform was used in its first cases worldwide last week following its May 2020 clearance by the U.S. FDA and showed improved control and imaging. The company designed the platform to facilitate guidewire support, guidewire exchange, and contrast media injection during complex peripheral vascular interventions such as late-stage peripheral artery disease (PAD) and critical limb ischemia (CLI).
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Digital illustration of U.S., coronavirus

Giroir touts Yale saliva test for COVID-19 as a ‘testing innovation game changer’

Aug. 17, 2020
By Mark McCarty
The COVID-19 pandemic has spurred a considerable amount of testing innovation, including more extensive use of saliva as a medium for detection of pathogens. The U.S. FDA has announced an emergency use authorization (EUA) to Yale School of Public Health for the Salivadirect testing protocol that requires no extraction of the SARS-CoV-2 virus’s RNA, a feature that Assistant Secretary for Health Brett Giroir said is “yet another testing innovation game changer that will reduce demand for scarce testing resources.”
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Illustration of human papillomavirus (HPV) infection

Is the HPV test adequate for cervical cancer screening?

Aug. 14, 2020
By Annette Boyle
In a controversial move, the American Cancer Society (ACS) recently recommended that people with a cervix should have a primary human papillomavirus (HPV) test every five years starting from age 25 to 65 to screen for cervical cancer. The recommendations displace the Papanicolaou (Pap) test that has formed the backbone of cancer screening for decades and extend the time between tests by two years.
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Gavel and scales

Life science companies still the main targets of whistleblower litigation in 2020

Aug. 14, 2020
By Mark McCarty
Qui tam litigation holds a dear place in the hearts of U.S. federal prosecutors and whistleblowers alike, but the volume of these cases ebbed as the COVID-19 pandemic swept across the nation. A report by Gibson, Dunn & Crutcher LLP makes clear, however, that despite the pandemic-induced drag, these cases are resuming their historical pace, and makers of drugs and devices are once again the most frequently targeted type of business.
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Sampinute system and Diatrust packaging

Testing, testing as Celltrion aims to launch two COVID-19 kits in the U.S.

Aug. 14, 2020
By Gina Lee
HONG KONG – Incheon, South Korea-based Celltrion Inc. is planning to launch two of its three rapid test kits in the U.S. as it plays its part in the global fight against the COVID-19 pandemic. Celltrion said Aug. 12 that its Sampinute COVID-19 Antigen MIA and Diatrust COVID-19 IgG/IgM rapid test kits will launch in the U.S. by the third week of August.
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Nanotechnology illustration

FDA works to leverage nanotech investment, better capacity for evaluation

Aug. 13, 2020
By Michael Fitzhugh
Two decades after the federal government jumpstarted U.S. R&D investment in its understanding and control of nanoscale matter, funding for the efforts across the government reached about $1.4 billion in fiscal 2020, part of a total cumulative investment of about $29 billion. Though FDA-budgeted nanotech research has accounted for just a fraction of that, at a modest $133 million since 2009, substantial advances have still been made, according to a presentation on the state of nanotech progress and innovation issued this summer.
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3D heart in chest

CMS proposes to drop artificial heart coverage memo, overhaul coverage mandates for VADs

Aug. 12, 2020
By Mark McCarty
In a single draft coverage memo, the U.S. Centers for Medicare and Medicaid Services (CMS) proposed to eliminate national coverage for artificial hearts and to provide coverage of ventricular assist devices (VADs) coverage for those in need of short-term ventricular support. Coverage of artificial hearts would thus revert to Medicare administrative contractors, while the change in VAD coverage would resolve a long-running dispute between cardiologists and the agency.
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Coronavirus vaccine/therapeutics illustration

Getting cellular with COVID-19 adaptive immunity

Aug. 12, 2020
By Brian Orelli
Much of the research on the immune response in patients with COVID-19 has focused on the humoral antibody response. Adaptive Biotechnologies Corp., on the other hand, has focused on cellular immunity to measure the T-cell response to infection with SARS-CoV-2.
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