Hyman Phelps and McNamara
Jeffrey K. Shapiro
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(202) 737-9633
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Attorney C.V.

Practice Areas
Medical Devices
Corporate Transactions

J.D., cum laude, Harvard Law School
A.B., magna cum laude, Brown University

Bar Admissions
District of Columbia

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Jeffrey K. Shapiro specializes in medical device law, advising and representing companies before FDA for more than 20 years. He has experience in FDA regulation of medical devices, including product clearances and approvals, MDR and Part 806 reporting requirements, labeling and advertising, recalls, and responding to Form 483s and warning letters. Mr. Shapiro also counsels clients on FDA requirements governing IVDs and HCT/Ps. Mr. Shapiro is an expert in FDA's regulation of combination products, including preparation of RFDs. As an advisor to start-ups, mid-sized, and large medical device manufacturers, Mr. Shapiro recognizes the operational and financial considerations involved in managing compliance and creating regulatory strategies.

Mr. Shapiro actively contributes to industry conversations on medical device regulations. He is a member of the Editorial Advisory Board for both MDDI and Update magazines, and co-editor of two textbooks, Promotion of Biomedical Products (Food and Drug Law Institute, 2006) and Combination Products, How to Develop the Optimal Strategic Path for Approval (FDA News 2005), and is a frequent speaker and contributor to the firm's FDA Law Blog, among other publications. Mr. Shapiro was a Lecturer and Fischell Literati teaching the University of Maryland's Regulatory Law: Medical Devices course. He currently serves on the Medical Devices and Diagnostics Committee, Food and Drug Law Institute.

Related Experience
Medical Devices
• Develops premarket regulatory strategies for products.
• Assists with IDE, 510(k) clearance, and PMA submissions.
• Handles appeals of premarket decisions, such as NSE letters.
• Advises in MDR, recall (field action), and QSR compliance matters.
• Reviews labeling and advertising for compliance.
• Performs regulatory due diligence and post acquisition risk mitigation.
• Reviews contracts and security disclosure documents.
• Provides advice regarding jurisdictional disputes with FDA.
• Facilitates the transfer of 510(k)/PMA.
• Responds to Form 483s and warning letters.
• Provides advice regarding the regulation of IVD, LDT, IUO and RUO products.

In Vitro Diagnostic Devices
• Helps clients develop regulatory strategies for clearance and approval.
• Provides guidance on laboratory developed tests (LDTs).
• Provides advice on requirements for RUO and/or IUO status.
• Assists with post-market compliance.

HCT/P, Tissue Products
• Advises on whether products qualify for regulation solely as HCT/Ps under 21 CFR Part 1271.
• Provides counsel on GTPs, adverse reaction reporting and HCT/P deviation reporting.

Awards & Recognition
• Life Science Star, LMG Life Sciences, 2012-2016
• DC Super Lawyers, 2014-2016
• The International Who's Who of Business Lawyers (Life Sciences), 2014-2016

Articles / Publications    -    see more articles
•  Promoting Your 510(k) - Pending Device: 5 Questions About FDA's Policy,  October 12, 2016

•  Does FDA’s Per Se Prohibition Against Off-Label Promotion Have a Future? The Short Answer: No,  April 2016

•  Proposed Legislation Would Create a New Conditional Approval Pathway to Market for Regenerative Medicine Products,  March 31 2016

•  Hyman, Phelps & McNamara jointly with Barton and Blank present the webinar: Medical Device Promotion on Social Media,  October 21, 2014

•  Substantial Equivalence Premarket Review: the Right Approach for Most Medical Devices,  September 12, 2014

Speaking Engagements    -    see more speaking engagements
•  FDLI Advertising and Promotion Conference, Trends and Special Issues for Device Promotion, September 27-28, 2016
•  Florida Medical Device Symposium, Off-Label Promotion of Medical Devices, May 9 - 10, 2016
•  Florida Medical Device Symposium, Off-Label Promotion of Medical Devices, May 9-10, 2016
•  FDLI's Enforcement, Litigation and Compliance Conference, Medical Devices Mobile Health (mHealth, December 10, 2015
•  UDI Webinar, September 10, 2015

Blog Posts    -    see more blog entries
•  A Phoenix Rising from The Ashes: FDA Proposes a Rule Requiring Submission of Device Labels and Package Inserts,  October 17, 2016
•  Proposed Legislation Would Create a New Conditional Approval Pathway to Market for Regenerative Medicine Products,  March 31, 2016
•  HP&M’s Jeff Shapiro Addresses FDA’s Role in Digital Health Regulation: Unclear and Evolving,  December 20, 2015
•  HP&M’s Jeff Shapiro to Speak on mHealth during FDLI’s Enforcement Workshop this Week,  December 7, 2015
•  FDA to Hold a Public Hearing for a Quartet of Draft HCT/P Guidances: A Scorecard,  November 2, 2015