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Flawed Device Places F.D.A. Under Scrutiny
NY Times ^ | December 15, 2004 | BARRY MEIER

Posted on 12/15/2004 3:11:44 PM PST by neverdem

The Red Rooster III was 90 miles out of San Diego on an afternoon in July when it came across a fisherman's dream, a school of albacore tuna. Suddenly, the charter boat's skipper, John Grabowski, saw a rod flying in the air as a passenger, a 72-year-old man, seized up with a heart attack. Mr. Grabowski ran to get the portable defibrillator kept on board.

Shocked with the device, the man appeared to revive, but more shocks were needed. They never came. The device signaled that it was out of power and failed to work again. A replacement battery did not help because its power had been drained. Soon afterward, the man died.

Last month, Mr. Grabowski learned more about the device. Its maker, Access Cardiosystems, of Concord, Mass., recalled all 18,500 defibrillators it had produced since going into business two years earlier.

The company insists that actual product failures were few and that most patients were never endangered. But an executive acknowledged there was a component failure in the device on the Red Rooster III.

A look at the history of Access Cardiosystems raises questions about its products. But the Food and Drug Administration's oversight of the defibrillator may reveal shortcomings in its regulation of medical devices, a category that includes products as diverse as blood-oxygen monitors and artificial hips.

An executive of the company, which ceased operating last month, said that more than 50 percent of the units might have defects.

Months earlier, in January, Access Cardiosystems' former chief executive, who had just been forced out, wrote the F.D.A. and accused Access of shipping potentially defective units. When F.D.A. inspectors visited the factory days later, they found no major defects and cleared the company of serious problems.

But as complaints about the device, and deaths possibly associated with it, began to increase over the summer, the inspectors never returned to learn what they might have missed.

Already under scrutiny for what some critics say is lax oversight of prescription drugs, the F.D.A. may have similar fault lines in its medical devices unit. Each year, the agency approves hundreds of devices, including dozens of so-called high-risk products. That category includes defibrillators, whose failure almost by definition is life-threatening.

With the sales of high-risk medical devices soaring, some experts say that the F.D.A may soon have an even bigger problem on its hands: The growing use of such devices in settings like offices, schools and homes puts them outside the agency's problem-reporting system.

Under F.D.A. rules, only manufacturers and health care facilities like hospitals and nursing homes are required to report patient deaths or serious injuries that are potentially related to device defects. But individual consumers and even many emergency units like police and fire department rescue squads are not covered by the rule.

The result, some experts fear, is that faulty equipment may go undetected and uncorrected. "We are depriving the regulatory system and the manufacturers of critical input," said Mark E. Bruley, a vice president at ECRI Inc. of Plymouth Meeting, Pa., which evaluates medical devices.

Dr. Daniel G. Schultz, the director of the F.D.A.'s Center for Devices and Radiological Health, disputed any suggestion that the agency failed to aggressively regulate medical devices. He also said that the F.D.A. "responded appropriately to the information" it had about Access Cardiosystems.

But Dr. Schultz acknowledged that the growing use of emergency defibrillators in public places and homes was likely to create new challenges. "It is fair to say that when there is widespread use of a device outside of the formal health care system," he said, "it does make tracking of problems more difficult."

In addition, the agency, while demanding that manufacturers of some high-risk devices follow their products' performance, has permitted the sale of devices before receiving study proposals from companies on how they intend to do this.

In September, for example, the F.D.A. approved for the first time the over-the-counter sale of emergency defibrillators, but it has yet to receive an after-sale study proposal from the manufacturer, a unit of Royal Philips Electronics. A Philips spokeswoman said her company planned to submit a study proposal soon.

No one questions that emergency defibrillators, when they work properly, save lives. And because a patient must be shocked within minutes of going into cardiac arrest, it makes sense that defibrillators are increasingly found in public settings like planes, offices and shopping centers.

Both federal law and public funds have stimulated the growing use of emergency defibrillators. In 2000, for example, President Bill Clinton signed a law requiring that portable defibrillators be available in federal office buildings. That year, Congress allocated $25 million for rural emergency units to buy defibrillators and be trained in their use.

Access Cardiosystems was just one entrant into this market. Formed in 2000, the company received F.D.A. approval in 2002 to sell its device through a commonly used regulatory procedure for devices that allows a manufacturer, rather than running clinical trials, only to show that its product is "substantially equivalent" to ones already offered for sale.

The company's defibrillator was one of the smallest on the market and sold for about $1,500 a unit, substantially less than competing models. Access Cardiosystems eventually had about 5 percent of the market.

"We had a product that people wanted and a price that was competitive," Randall Fincke, the Access founder and former chief executive, said in an interview.

But troubles quickly developed. In November 2003, investors effectively forced out Mr. Fincke, asserting in a lawsuit filed this year in a Massachusetts court that he had misled them about the company's financial condition.

Late that year, Access recalled 143 of the devices because of a suspected problem in the units' control board.

Mr. Fincke, who had also been locked out of the company, wrote executives and the F.D.A. that he believed Access was continuing to ship potentially defective units.

"Management's decision to ship these units creates a significant potential liability," he wrote in early January to a company investor and the new chief executive, James Radley. "I can't let that happen."

A lawyer for Access Cardiosystems, Jerry E. Benezra, said that Mr. Radley was out of the country and unavailable for comment. But both he and the vice president for finance and administration, Michael Grosberg, said that the company was not aware of any problems at the time and that Mr. Fincke was embittered by the terms of his departure.

Mr. Fincke denies that.

In response to the accusations, the F.D.A. sent two inspectors to the plant. The agency declined to make the officials available for an interview. But their 17-page report, which was provided to The New York Times by Access Cardiosystems, showed that while the inspectors had found some manufacturing and procedural violations, they were not sufficient to require a recall.

The ultimate evaluation, the report said, would be provided by "complaint trending of devices." It noted that such a review would take place during the next F.D.A. plant inspection.

At the time, the agency had received relatively few reports about problems by patients associated with the Access Cardiosystems device. But whether that reflected the actual number of episodes is unclear. A recent study in the October issue of The American Journal of Preventive Medicine found that the number of device-related deaths and injuries might be four times as great as reported to the F.D.A.

Whatever the case, events involving Access Cardiosystems took a negative turn starting in June, five months after the F.D.A. inspection. Mr. Grosberg said that the company began receiving a number of complaints of possible failures, including one involving the fisherman aboard the Red Rooster III.

Serious complaints were forwarded to the F.D.A., and officials there contacted the company for more information. But despite being put on notice about potential problems at the plant, inspectors never returned.

Dr. Schultz said there might have been a lack of communication between headquarters officials monitoring complaints and inspectors in the field.

It was also in June that the chief executive, Mr. Radley, and other investors in Access Cardiosystems filed their lawsuit accusing Mr. Fincke of fraud. The suit asserts that Mr. Fincke oversaw the production of defibrillators using components purchased from "second-tier and third-tier" suppliers. "As a result of Access's payment problems, at Fincke's direction," the suit said, "Access was forced to obtain parts on the black or gray markets, which were less reliable, and more costly than parts obtained from established first-tier suppliers."

Mr. Fincke denied the suit's accusations. Mr. Benezra, the lawyer representing both the company and investors in the lawsuit, sought to play down the assertions of shoddy manufacturing. He said it had been a mistake for him to use the term "black" market in the suit. He and Mr. Grosberg insisted that the term "gray" market was meant to refer to Mr. Fincke's use of parts brokers to acquire top-quality parts at higher cost.

Mr. Benezra said Access Cardiosystems did not contact the F.D.A. or recall devices in June, when it filed its suit, because the problems cited in court papers were unrelated to those that led to last's month recall.

The company said that the devices had one or two potential problems: the shock delivery circuit could fail, and the button that turns the device on could fail. Mr. Grosberg said Access undertook the recall because it could not figure out the cause of the problems, not because it thought the devices were unsafe.

When Access Cardiosystems alerted customers to the recall, it simply shut its doors and did not offer replacement devices or refunds. Since then, the company has been contacted by attorneys general in Arkansas, Connecticut, Washington and Wisconsin, Mr. Benezra said.

The company's abrupt action has left emergency units around the country scrambling. Steve Bane, an assistant fire department chief in West Allis, Wis., said he was stuck with 13 Access Cardiosystems defibrillators, including two that had been given to local schools' sports teams. He said one unit saved a life in an emergency but another failed during a recent demonstration.

"I have never heard one word from that company or the sales rep that sold them to us," Mr. Bane said.

Mr. Grabowski, the captain of the Red Rooster III, said he could not say if a working defibrillator might have saved the fisherman on his boat. But without it, there was no chance. He said he was outraged when a distributor for Access Cardiosystems insisted that the device was not at fault. "I couldn't believe it because I had to stand there and watch this guy die," Mr. Grabowski said. "I told him, 'Your unit was supposed to save him, and it didn't.' "


TOPICS: Business/Economy; Culture/Society; Front Page News; Government; News/Current Events; US: California; US: District of Columbia; US: Massachusetts
KEYWORDS: defibrillator; fda; health; litigation; medicine; suits; testing; tests

1 posted on 12/15/2004 3:11:44 PM PST by neverdem
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To: neverdem
The company insists that actual product failures were few and that most patients were never endangered.

Never endangered? They were having heart attacks for Christ's sake...!!! How much more danger could they possibly stand?

2 posted on 12/15/2004 3:26:04 PM PST by konaice
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To: Egon; Eb Wilson; Orgiveme

Medical Device ping


3 posted on 12/15/2004 3:32:20 PM PST by RhoTheta (Democrats are the coalition of the coerced and the bribed!)
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To: konaice
They were having heart attacks for Christ's sake...!!!

They weren't having heart attacks. They were providing much needed data for the FDA's "complaint trending of devices."

4 posted on 12/15/2004 3:32:42 PM PST by Ol' Dan Tucker
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To: neverdem

Moral of the story - Never send a fishing rod flying toward albacore tuna.


5 posted on 12/15/2004 3:38:41 PM PST by mtbopfuyn
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To: El Gato; JudyB1938; Ernest_at_the_Beach; Robert A. Cook, PE; lepton; LadyDoc; jb6; tiamat; PGalt; ..

FReepmail me if you want on or off my health and science ping list.


6 posted on 12/15/2004 3:48:14 PM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: konaice
Never endangered? They were having heart attacks for Christ's sake...!!! How much more danger could they possibly stand?

Ummmm, actually they were experiencing cardiac arrhythmia, probably specifically ventricular fibrillation. This is, for the most part, a situation with a terminal outcome. The defibrillator can, in a lot of instances, convert v fib into some life sustaining rhythm, but that is not always the outcome without some other direct intervention or drug assistance.

Shocked with the device, the man appeared to revive, but more shocks were needed.

What I'm trying to figure out is who exactly had the emergency medical training to determine that "more shocks were needed". Unfortunately, while v fib can be converted to a less threatening arrythmia, it requires several medications given simultaneously to support those rhythms. If the gentleman needed further cardioversion after the first one that "appeared" to revive him, more than likely further cardioversion attempts without drug support and oxygenation would not have "saved" him.

It is always dramatic to watch the docs on "ER" type programs to cardiovert 5 or 6 or more times, with the patient almost jumping off the table with each shock, but sorry, folks, that Hollyweird, not real life.

Having handled a lot of "codes" [cardiac arrests], I can assure you that the odds of a successful outcome are still extremely small. The fact that the defibrillator was there to be used immediately was the biggest saving grace, but still, without added oxygenation and drug therapy along with the "shocks", this guy's chances were basically between slim and none.

I've actually worked on a guy who was in v fib who would try to get up off the floor and push away the EMT who was doing the chest compressions and try to pull out the endotrachial tube as long as we were doing CPR. The instant we stopped compressions, he "died" again. Start compressions and he'd try to get up off the floor- literally!

We had the et tube in, IV's running, meds in him, numerous cardioversion attempts and nothing would convert him to a sustainable rhythm. We worked on him for probably over an hour in that circumstance, doing everything there was possible, but he just deteriorated over time. But he would try to get up off the floor or tear his et tube out while he was getting good circulation from the compressions and oxygen from being bagged for the better part of the hour, but his heart just wouldn't convert to any kind of workable rhythm and we eventually had to stop when there was no response to anything whatsoever.

As much as I applaud the fact that defib machines are now allowed in places like the fishing boat or on airplanes, etc., I just know that the outcome is not going to be good a large percentage of the time. But like we were taught, it's that small percent that you win that make it all worth it. But there has to be some realization of the reality of the odds. You're just not gonna "save" every "heart attack" just because there's a defib handy or even if a full Paramedic unit is there. Sometimes, your number is just up- and nothing us mere mortals are going to do will change that.

7 posted on 12/15/2004 5:32:57 PM PST by hadit2here ("Danger lies not in what we don't know, but in what we think we know that just ain't so." Mark Twain)
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To: hadit2here
Sometimes, your number is just up- and nothing us mere mortals are going to do will change that.

Makes sense.

8 posted on 12/15/2004 5:39:27 PM PST by aposiopetic
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To: hadit2here

Insurance companies love do-it-yourself healthcare. Although it may not be the best care for people.


9 posted on 12/15/2004 7:14:27 PM PST by virgil
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To: konaice
You are making a logic error here.

The devices didn't cause any deaths. When a patient has collapsed and is pulseless they are dead.

The machine can be 100% functional and you still have a dead patient. The machine didn't cause it.

In certain types of situations early defibrillation in the only and best hope but there is no guarantee.

CPR would not have saved the guy on the boat. CPR is a bridge procedure at best and it is of limited utility if you are a long distance from a hospital.

This is not to say that the machines need to be fixed, they do.

You can't hold the company responsible for a dead patient when the patient was dead before the product came into use.
10 posted on 12/15/2004 7:52:54 PM PST by TASMANIANRED (Free the Fallujah one)
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To: konaice

You are under the mistaken impression that the defibrillators cause heart failure.


11 posted on 12/15/2004 8:36:21 PM PST by TaxRelief (Merry Christmas!)
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To: TASMANIANRED; TaxRelief

You both misreas my posting.

I merely point out that for the company to say that
the patients were NEVER in danger seems more than a little absurd given that their product is use only in the most dire of circumstances.


12 posted on 12/15/2004 9:07:59 PM PST by konaice
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To: konaice

My apologies for misunderstanding.


13 posted on 12/15/2004 9:12:23 PM PST by TASMANIANRED (Free the Fallujah one)
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To: TASMANIANRED
Here is what the company IS responsible for:

Defective units and the results of their use.

Note that they had problems with switches, shocking circuits, etc.

You can say that people would die if there was NO AED available and therefor you can't put any blame on the maker of the AED that failed. I say hogwash.

Think of it this way: Who buys more than one AED for a boat (or whatever)? If the owner of that boat had bought a GOOD AED the man who had the heart attack would have had a better chance than if there was no AED or a nonworking one. The purchaser would have bought a WORKING unit if he had not been sold the useless pile of junk.

Or even simpler: the existence of the defective AED PREVENTED the availability of a working one. They took away the victims only chance.


Nik
(Not a Dr., not an expert, just some shmoe with an opinion)
14 posted on 12/15/2004 9:30:46 PM PST by Nik Naym
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To: Nik Naym
"You can say that people would die if there was NO AED available"

You only use a AED if someone is pulseless. When you are pulseless you are dead already. Not you might die, you could die, you are dead.

In a code situation and I have participated in many. Unless you are in an absolutely optimal situation , In an ED or in an ICU where you are already on a monitor, have all the emergency drugs and an IV line already in place with competent medical care already there, your chances of surviving a code are ridiculously small.
15 posted on 12/15/2004 9:48:09 PM PST by TASMANIANRED (Free the Fallujah one)
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To: TASMANIANRED
I will defer to your superior knowledge of the subject. I am not medically trained (other than some first aid) and so am simply not as knowledgeable as you.I do understand that the AED's that are being placed in various public places and on various modes of transportation do offer some potential benefit. Am I right about that or is the whole thing some sort of scam?

I think the whole point I was trying to illuminate was that by the el crapo AED company selling a defective device, they rob people of that potential benefit by displacing one that might have worked.

Unless none of them work. In which case nobody lost anything. (Except money.)

Nik
16 posted on 12/15/2004 11:35:17 PM PST by Nik Naym
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To: Nik Naym
I have no problem holding the company's feet to the fire over a defective device. If they sell something it ought to work every time.

One of the difficulties with the devices is they have to be maintained. Is this part of the problem. Most rechargeable batteries have to be discharged and recharged on a regular basis or they will not hold a charge. Is it a maintenance problem rather than a defective piece of equipment.

When you are in a city situation where medical help is minutes away you are in a much better situation.

One of the reasons these devices are important is you have a very narrow window of being pulseless before you'd be better off dead than revived.

Every minute you have no oxygen to your brain you have parts of brain die. I have see many patients saved but vegetative. Look at Terri Shiavo. I don't consider that a good outcome.

CPR used to be the standard but even the most effective CPR will only get you about 40% cardiac output. This is when the pro's do it.

An AED with defibrillation rapidly followed by ems arriving with the emergency drugs and rapid transport to the hospital is the best outcome.

Unfortunately the old maxim of location, location, location applies here as well as in real estate. If you are out in the boonies you have a lower chance of survival.
17 posted on 12/16/2004 12:16:31 PM PST by TASMANIANRED (Free the Fallujah one)
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To: Nik Naym

Give it up some of these morons think it is OK to build defective life saving devices. These people scare me. Give me a break.


18 posted on 12/16/2004 4:55:57 PM PST by Nov3 ("This is the best election night in history." --DNC chair Terry McAuliffe Nov. 2,2004 8p.m.)
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