To: Vector1 who wrote (4224 ) 3/3/1998 12:03:00 PM From: Biomaven Read Replies (1) | Respond to of 9719
V1: Buried near the bottom of their 10K: Breast thermographic devices (such as the BreastAlert device) intended to be used by physicians as an adjunct to other established clinical detection methods for breast disease are currently classified as Class I devices. On January 17,1984, FDA granted 510(k) Market Rights to the then owner of the technology underlying the BreastAlert device. The BreastAlert device may be marketed by the owner of the 510(k) Market Rights without further FDA authorization when used adjunctively by the physician. Scantek assigned the 510(k) Market Rights for the BreastAlert device to the Company in October 1995. Prior thermographic devices which, unlike the BreastAlert device, involved imaging rather than measurement of temperature differences, did not perform as intended. In 1983, the Office of Health Technology Assessment ("OHTA") of the Department of Health and Human Services issued a report stating that thermography needed further development and should not be used alone for diagnostic screening for breast cancer. In 1984, the Health Care Financing Administration ("HCFA") withdrew coverage for thermography under Medicare as a diagnostic screening method for breast disease. In 1991, based upon reports which addressed the use of thermography in neurological and musculoskeletal conditions, the American Medical Association ("AMA") passed a resolution stating that thermography had not been proven to have value as a medical diagnostic test. In 1992, HCFA withdrew Medicare reimbursement for all other uses of thermography. In 1993, the AMA adopted a resolution stating that the use of thermography for diagnostic purposes could not be recommended at that time. Based upon the reservations about the use of thermography for diagnostic purposes expressed by OHTA, HCFA and AMA, there is a risk that FDA could reevaluate the bases upon which it granted the Company's 510(k) Market Rights in 1984 and classified devices such as the BreastAlert device as Class I devices in 1988. If FDA were to reevaluate these decisions and conclude that additional data were necessary to support authorization to market the BreastAlert device, it could rescind previous 510(k) Market Rights for breast thermographic devices and/or reclassify these devices from Class I medical devices to Class III medical devices (which would effectively vitiate the Company's 510(k) Market Rights and require filing of a PMA. In either event, the Company would be required to cease marketing the BreastAlert device until it filed a PMA with FDA and received a new approval to market the BreastAlert device.