Recent Updates
Recently added Catalysts
UTMD

Salt Lake City, Utah - On

Key Takeaway: City, Utah - On July 15, 2005, Utah Medical Products, Inc. (Nasdaq:UTMD) filed an administrative claim with the Department of Health and Human Services (HHS), the parent of the U.S. Food & Drug Administration (FDA), under the Federal Tort Claims Act (FTCA), alleging abuse of p

Full Press Release Details

City, Utah - On July 15, 2005, Utah Medical Products, Inc. (Nasdaq:UTMD) filed
an administrative claim with the Department of Health and Human Services (HHS),
the parent of the U.S. Food & Drug Administration (FDA), under the Federal
Tort Claims Act (FTCA), alleging abuse of process in relation to the negligence
and wrongful acts of FDA employees while acting within the scope of their
employment during the inspections, review and subsequent enforcement actions
taken and/or attempted, including public statements, during the period of 2001
February 14, 2006, UTMD received a letter from HHS dated February 10,
letter constitutes the notice of final determination on this claim, as required
by 28 U.S.C. '1346(b). Your client's [UTMD's] claim is not cognizable under the
FTCA. Accordingly, the claim of Utah Medical Products, Inc, is hereby
February 15, 2006, as part of informing public shareholders of the HHS denial,
UTMD indicated that it had an August 9, 2006 deadline to file suit against
FDA in the federal district court, or file a request for reconsideration. In
order to disseminate an answer to shareholder follow-up questions fairly, the
Company is announcing that it filed a request for reconsideration with HHS
July 12, 2006. The request for reconsideration is now available to the public
UTMD's website www.utahmed.com,
contacting Kevin Cornwell.
remains UTMD's conviction that the claim is valid. The request for
reconsideration includes the following:
Medical believes that the Company, its employees, shareholders, suppliers and
customers, along with all other taxpaying and non-taxpaying U.S. citizens,
entitled to expect that the federal government will act in good faith to carry
out its responsibilities, and not waste dear taxpayer resources for an improper
purpose. Utah Medical respectfully seeks the following administrative remedies:
removal of the August 10, 2004 FDA press release which remains posted on the
(acknowledging the irreparable harm that has been done to UTMD's reputation for
manufacturing high quality products) posting of a public press release from
FDA (in manner and form similar to the August 10, 2004 press release posted
the FDA's website) acknowledging that Utah Medical's quality system is
has been in compliance
QSR (per the U.S. Court's judgment);
public declaratory statement from the Secretary of HHS that FDA must comply
its own regulations, and that unethical conduct that violates the Standards
Ethical Conduct for Employees of the Executive Branch (5 CFR Part 2635) will
the FDA inspectors and reviewers complicit in the 2001- 2003 Utah Medical
inspections, and ensuing improper treatment of Utah Medical, be barred from
future involvement with Utah Medical;
purging of the FDA's administrative file of all FDA-483s, EIRs, CDRH memos,
interoffice e-mail, other fraudulent memoranda related to the 2001 through
inspections and recommendations for permanent injunction (or at least a cover
letter to all documents subject to the FOIA that states, "Despite the contents
of these documents, Utah Medical was found to be in full compliance with the
by an independent Court. Therefore, the veracity of any of these documents
cannot be relied on or verified.");
commitment from HHS, or some suitable government entity independent of the
to conduct and document the results of a formal investigation of FDA actions
this case, to publicly disclose the results and to retrain, reprimand, reassign
and/or dishonorably discharge FDA personnel who violated government rules and
provide recovery of pecuniary damages incurred by Utah Medical as the result
the conduct of the FDA.
criticism, Rep. Henry A. Waxman, D-Calif., stated that "the FDA can't do its job
when its enforcement arm is tied behind its back." In response, David Elder,
Director of the FDA Office of Enforcement, was quoted in the August 2006 issue
of the "Guide to Medical Device Regulation," as follows:
enforcement cannot be properly judged by counting the number of actions taken
the agency," he [Elder] said. "FDA has increasingly used an enforcement strategy
based on efficient risk management principles that focuses on combating the
greatest public health risks and maximizing our deterrent effect against
potential violators. As
a result of FDA's focus on those firms and those violations that present the
highest risk to consumers and public health, the agency has taken prompt,
targeted and aggressive action against firms that are in violation of
to UTMD CEO Kevin Cornwell,
with Mr. Elder that the number of administrative Warning Letters issued by
has no correlation with the quality of medical devices being manufactured by
industry. I also agree that FDA should be allocating its limited enforcement
resources based on risk to the public health. But that's where my agreement with
question the basis for Mr. Elder's statements, because his representation about
FDA using efficient risk management principles does not comport with UTMD's
experience with the FDA. To my knowledge, the lawsuit brought by FDA in 2004
seeking an injunction to shut down UTMD's operations because of alleged
violations of the Quality System Regulation (QSR) has been the only
litigated through trial on behalf of the FDA in the ten years since promulgation
of the QSR. After three years of intensive and extensive inspections of UTMD
"review" by so-called agency experts, the federal court decided unequivocally
against the FDA. Utah Medical was
compliance with the QSR!
contrast to Mr. Elder's statement, the FDA's action was neither prompt nor based
the public. The fact that no risk assessment was ever done by the FDA was a
travesty. There were no FDA allegations that UTMD's devices were defective, or
not safe or not effective. The agency never investigated whether UTMD's finished
devices met specifications, and never challenged the soundness of the risk
assessments that we had performed."
published mission statement states, in part,
is responsible for protecting the public health by assuring the safety,
efficacy, and security of human and veterinary drugs, biological products,
medical devices, our nation's food supply, cosmetics, and products that emit
Cornwell further states,
has the power to destroy public institutions and people's careers and lives.
That power should be used carefully and judiciously. If there's not a risk to
public health, FDA should not be capriciously using its power to punish people.
It's a direct contradiction to their mission.
needs to use the principles of quality assurance to learn from this UTMD
experience, and respond responsibly to our request for remedies. I do not
understand how the leadership of the FDA can reconcile the fact that it is
significant violation of the Quality System Regulation (QSR) when companies
not follow their written procedures, but when employees of the FDA, which is
charged with the enforcement of the QSR, do not follow important agency
Last updated: Aug 7, 2006