Calling it "one of the hardest"
among many "difficult" decisions in
his 35-year career, CDRH director Daniel G. Schultz told Center employees 8/11 that he
has resigned, effective the end of
this month. His announcement said
this decision was based on
discussions with commissioner Margaret Hamburg "and a mutual agreement that my
stepping down at this time would be
in the best interest of the Center
and the agency." The activist
Project on Government Oversight
(POGO) called it a "long-awaited
opportunity for openness and
reform." Although unacknowledged by
either Schultz or Hamburg, the “best
interest” cited by Schultz is the
need for CDRH to get out from under
a cloud of controversy that erupted
earlier this year over staff
dissidents’ allegations of corrupt
product reviews. Schultz’s message
seemed almost to recognize this when
it said "it is a decision that I am
convinced is the right decision for
me and for the special people at
CDRH, who, over the last 15 years,
have been my colleagues, friends,
and second family."
In an all-hands memo, Hamburg
ignored the cloud and instead
lavished praise on Schultz’s
"tremendous legacy," saying he had
"worked tirelessly to advance the
public’s health through the approval
and monitoring of innovative and
safe medical devices. The staff he
has led for five years are among the
world’s leaders in the evaluation of
the design and the development of
the next generation of advanced
diagnostics and medical
interventions".
"Under Dan’s leadership, CDRH
enhanced our understanding of the
risks and benefits of using medical
devices in pediatric populations,
increased the agency’s safety
efforts by expanding MedSun, and led
the agency in the Postmarket
Transformation process, which has
provided an opportunity to
fundamentally rethink the way
risk/benefit information is
collected, analyzed, and executed."
Schultz’ announcement comes four
months after nine dissident CDRH
scientists and physicians sought the intervention of Sen. Charles Grassley (R-IA) to bring what they said were
"sweeping measures … needed to end
the systemic corruption and
wrongdoing that permeates all levels
of FDA and has plagued the agency
far too long." Their appeal to
Grassley followed the apparent
disinterest of the Obama FDA
transition team in digging up the
past. To Grassley, the dissidents
provided documented criticisms
focused on CDRH — but other
anonymous FDAers alleged that
political corruption of scientific
product reviews had also permeated
the rest of FDA as well. A month
earlier, FDA Webview editor Jim
Dickinson had called for Schultz’ removal, and
for the removal of those people
around him who had been willfully
complicit in the Center’s
dysfunctionality.
No mention of such problems was made
in Schultz’s announcement. Instead,
it reflected a sunny view of his
five years as Center director, and
10 more years before that in lesser
positions. His record is "is
something that I will cherish and
carry with me for the rest of my
life," Schultz told his co-workers.
“Working side-by-side with dedicated
professionals from diverse academic
and career backgrounds for a common
goal of protecting and promoting the
public health of this nation is the
greatest privilege that anyone could
ask.
"Anyone who has followed the course
of medical care over the last two
decades as an analyst, care
provider, or patient will recognize
the impact that device technology
has had in improving health care
delivery through advanced
diagnostics, minimally invasive
interventions, smart drug delivery
systems, etc. What often goes
unrecognized is the impact that CDRH
staff have had on the design,
manufacturing, refinement, and
labeling of those products, which
have made them safer, more
effective, and more user-friendly.
"When I look back over the last five
years, I see many CDRH
accomplishments to reflect on and
many unfinished tasks still ahead.
The implementation of device user
fees with its influx of resources
and people has led to a more
efficient and consistent premarket
review process. Scorecards, project
management plans, and extensive IT
innovations have allowed us to
track, measure, and adjust our
programs while adding increased
accountability. Science
prioritization has both strengthened
our research enterprise and ensured
that science and regulation are
firmly integrated in all of our many
activities. And the Postmarket
Transformation process has provided
an opportunity to fundamentally
rethink the way that risk/benefit
information is collected, analyzed,
and acted upon using all available
resources within the center and
utilizing available data and
opportunities for collaboration
outside the center as well. The
Matrix as both a construct and a
concept is identifying and
implementing new paths to a more
effective CDRH and better risk
management for the products we
regulate".
"There is always more to be done.
Developing methodologies for
quantitative decision making across
the product lifecycle will not only
allow us to make better decisions
but will enhance our ability to
explain and replicate those
decisions. Working within the Center
and with other agency colleagues to
prioritize and streamline the
processes for regulation, policy,
and guidance development will
provide greater clarity both
internally and externally as to the
responsibilities that each of us has
in maximizing the safety and
effectiveness of the products that
we regulate. Linking internal
performance goals to public health
outcomes and budget allocations in a
way that can be measured and
communicated will enhance the
Center’s fiscal strength and our
ability to advance public health
through access to better and safer
medical devices and radiological
products."
Hamburg’s all-hands memo said
associate commissioner for policy
and planning Jeff Shuren,
a neurologist and lawyer in his 10th year at FDA, will serve as acting
CDRH director. A national search
will be conducted for a permanent
director.
A late-night POGO statement said
Schultz was "resigning by "mutual
agreement" with FDA commissioner
Margaret Hamburg. This appears to be
a polite way of saying he was forced
to resign. This is welcome news.
This important FDA Center has been in desperate need of new
leadership.
"Dr. Schultz’s resignation," POGO’s
statement continued, "offers a
long-awaited opportunity for
openness and reform. This was a
critical first step, but FDA
commissioner Margaret Hamburg still
has significant work ahead. Among
the needed reforms is dealing
quickly and openly to correct the
harm caused by retaliation against
the extraordinary number of CDRH
whistleblowers who have reached out
to the Congress, the media and
public interest groups including
POGO. It is also
essential to investigate the
allegations made by these insiders,
particularly of improper influence
over FDA decisions to approve
medical devices. Until it is clear
that the culture of fear at CDRH is
over, it will be impossible to
restore integrity to the important
work of the CDRH."