K Number
K093015
Date Cleared
2010-02-25

(149 days)

Product Code
Regulation Number
888.3080
Reference & Predicate Devices
N/A
Predicate For
AI/MLSaMDIVD (In Vitro Diagnostic)TherapeuticDiagnosticis PCCP AuthorizedThirdpartyExpeditedreview
Intended Use

The Binder Intervertebral Body Fusion Device ("Binder Fusion System") is intended to be used for intervertebral body fusion.

The Binder Intervertebral Body Fusion Device is indicated for use in patients with degenerative disc disease (DDD) at one (1) or two (2) contiguous levels of the lumbosacral spine (L2-S1). DDD is defined as discogenic back pain with degeneration of the disc confirmed by history and radiographic studies. These patients should be skeletally mature and have had at least six (6) months of non-operative treatment. In addition, these patients may have had a previous non-fusion spinal surgery at the involved level(s) and may have had up to a Grade 1 spondylolisthesis or retrolisthesis at the involved level(s). The Binder Fusion devices are to be used with autogenous bone graft material and supplemental fixation.

Device Description

The Binder Fusion System is comprised of a series of PEEK-OPTIMA® spacers shaped to accommodate autogenous bone graft and anatomical variation at different spinal levels. The Binder Fusion System also has a series of ridges on its superior and inferior surfaces to improve fixation and prevent migration. The Binder Fusion System is provided non-sterile.

AI/ML Overview

The provided text describes a 510(k) summary for a medical device, the Binder Intervertebral Body Fusion Device. It outlines the device's intended use, technological characteristics, and a statement about performance data. However, it does not contain the detailed acceptance criteria or a specific study proving the device met those criteria in the way a clinical or AI-based performance study would.

Instead, the document focuses on the regulatory submission process for substantial equivalence to predicate devices, primarily through mechanical testing.

Here's the breakdown of the information requested, based only on the provided text:

1. Table of Acceptance Criteria and Reported Device Performance

Acceptance Criteria (from recognized standards)Reported Device Performance
Function as intended per ASTM F2077-03Met
Function as intended per ASTM F2267-04Met
Specified requirements (not detailed)Met

Note: The document states "In all instances, the Binder Fusion System functioned as intended and specified requirements were met." but does not provide the specific numerical acceptance criteria or the quantitative results from the tests.

2. Sample Size Used for the Test Set and Data Provenance

The document does not specify a "test set" in the context of clinical data or AI model evaluation. The "performance data" refers to mechanical testing.

  • Sample Size for Mechanical Testing: Not specified.
  • Data Provenance: Not applicable in the context of clinical patient data or AI data. The "data" refers to engineering test results.

3. Number of Experts Used to Establish Ground Truth for the Test Set and Qualifications

This is not applicable to the information provided. The performance testing described is mechanical, not involving expert interpretation of patient data.

4. Adjudication Method for the Test Set

This is not applicable to the information provided, as there is no "test set" in the context of human or AI interpretation.

5. If a Multi-Reader Multi-Case (MRMC) Comparative Effectiveness Study was Done

No. The document describes mechanical performance testing, not a clinical study involving human readers or AI assistance.

6. If a Standalone (i.e. algorithm only without human-in-the-loop performance) was Done

No. The device is a physical implant, not an algorithm.

7. The Type of Ground Truth Used

For the mechanical testing, the "ground truth" would be the engineering specifications and performance standards defined by ASTM F2077-03 and ASTM F2267-04.

8. The Sample Size for the Training Set

Not applicable. This is a physical medical device, not an AI model requiring a training set.

9. How the Ground Truth for the Training Set was Established

Not applicable.


Summary of Missing Information in Relation to AI/Clinical Study Criteria:

The provided document is a 510(k) summary focusing on a physical medical device (intervertebral body fusion device) and its mechanical performance testing for regulatory clearance. It does not provide information relevant to the performance evaluation of an AI algorithm, clinical trials with human readers, or detailed patient data analysis that would typically involve many of the criteria you asked for (e.g., test set size, expert ground truth, adjudication, MRMC studies, training sets). The "acceptance criteria" discussed are for the physical properties of the implant based on recognized ASTM standards.

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FEB 2 5 2010

V. 510(K) SUMMARY

Binder Biomedical, Inc.'s Intervertebral Body Fusion Device

Submitted by:

Binder Biomedical, Inc. 2385 NW Executive Center Dr, Suite 100 Boca Raton, FL 33431 Phone: (561) 981-2682 Facsimile: (561) 962-2710 Contact Person: Lawrence Binder

Date Prepared: September 27, 2009

Device Name and Address of Sponsor

Binder Intervertebral Body Fusion Device Binder Biomedical, Inc. 2385 NW Executive Center Dr, Suite 100 Boca Raton, FL 33431

Common Name

Intervertebral Body Fusion Device

Classification

Orthosis, Spinal Intervertebral Fusion

Predicate Devices

DePuy AcroMed, Inc.Lumbar I/F Cage with VSP Spine System
Globus Medical, Inc.PATRIOT Spacers
Lanx, Inc.Lanx Intervertebral Body Fusion Device

Intended Use / Indications for Use

The Binder Intervertebral Body Fusion Device ("Binder Fusion System") is intended to be used for intervertebral body fusion.

The Binder Intervertebral Body Fusion Device is indicated for use in patients with degenerative disc disease (DDD) at one (1) or two (2) contiguous levels of the lumbosacral spine (L2-S1). DDD is

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defined as discogenic back pain with degeneration of the disc confirmed by history and radiographic studies. These patients should be skeletally mature and have had at least six (6) months of non-operative treatment. In addition, these patients may have had a previous non-fusion spinal surgery at the involved level(s) and may have had up to a Grade 1 spondylolisthesis at the involved level(s). The Binder Fusion devices are to be used with autogenous bone graft material and supplemental fixation.

Technological Characteristics

The Binder Fusion System is comprised of a series of PEEK-OPTIMA® spacers shaped to accommodate autogenous bone graft and anatomical variation at different spinal levels. The Binder Fusion System also has a series of ridges on its superior and inferior surfaces to improve fixation and prevent migration. The Binder Fusion System is provided non-sterile.

Performance Data

Performance testing was conducted per ASTM F2077-03 and ASTM F2267-04. In all instances, the Binder Fusion System functioned as intended and specified requirements were met.

Basis of Substantial Equivalence

The Binder Fusion System is as safe and effective as the predicate devices. The Binder Fusion System has the same intended uses, indications, technological characteristics, and principles of operation as its predicate devices. The minor technological differences between the Binder Fusion System and its predicate devices raise no new issues of safety or effectiveness. Performance data demonstrate that the Binder Fusion System is as safe and effective as the predicate devices. Thus, the Binder Fusion System is substantially equivalent.

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Image /page/2/Picture/1 description: The image shows the logo for the U.S. Department of Health & Human Services. The logo consists of a circular seal with the text "DEPARTMENT OF HEALTH & HUMAN SERVICES-USA" arranged around the perimeter. Inside the circle is an abstract symbol resembling a stylized caduceus or a bird-like figure, composed of three curved lines.

Public Health Service

Food and Drug Administration 10903 New Hampshire Avenue Document Control Room W-O66-0609 Silver Spring, MD 20993-0002

FEB 2 5 2010

Binder Biomedical, Inc. % Mr. Lawrence Binder President and CEO 2385 NW Executive Center Drive Suite 100 Boca Raton, Florida 33431

Re: K093015

Trade/Device Name: Binder Intervertebral Body Fusion Device Regulation Number: 21 CFR 888.3080 Regulation Name: Intervertebral body fusion device Regulatory Class: Class II Product Code: MAX Dated: February 17, 2010 Received: February 19, 2010

Dear Mr. Binder:

We have reviewed your Section 510(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, 1976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug, and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act. The general controls provisions of the Act include requirements for annual registration, listing of devices, good manufacturing practice, labeling, and prohibitions against misbranding and adulteration. Please note: CDRH does not evaluate information related to contract liability warranties. We remind you; however, that device labeling must be truthful and not misleading.

If your device is classified (see above) into either class II (Special Controls) or class III (PMA), it may be subject to additional controls. Existing major regulations affecting your device can be found in the Code of Federal Regulations, Title 21, Parts 800 to 898. In addition, FDA may publish further announcements concerning your device in the Federal Register.

Please be advised that FDA's issuance of a substantial equivalence determination does not mean that FDA has made a determination that your device complies with other requirements of the Act or any Federal statutes and regulations administered by other Federal agencies. You must

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Page 2 - Mr. Lawrence Binder

comply with all the Act's requirements, including, but not limited to: registration and listing (21 CFR Part 807); labeling (21 CFR Part 801); medical device reporting (reporting of medical device-related adverse events) (21 CFR 803); good manufacturing practice requirements as set forth in the quality systems (QS) regulation (21 CFR Part 820); and if applicable, the electronic product radiation control provisions (Sections 531-542 of the Act); 21 CFR 1000-1050.

If you desire specific advice for your device on our labeling regulation (21 CFR Part 801), please go to http://www.fda.gov/AboutFDA/CentersOffices/CDRH/CDRHOffices/ucm115809.htm for the Center for Devices and Radiological Health's (CDRH's) Office of Compliance. Also, please note the regulation entitled, "Misbranding by reference to premarket notification" (21CFR Part 807.97). For questions regarding the reporting of adverse events under the MDR regulation (21 CFR Part 803), please go to

http://www.fda.gov/MedicalDevices/Safety/ReportalProblem/default.htm for the CDRH's Office of Surveillance and Biometrics/Division of Postmarket Surveillance.

You may obtain other general information on your responsibilities under the Act from the Division of Small Manufacturers, International and Consumer Assistance at its toll-free number (800) 638-2041 or (301) 796-7100 or at its Internet address

http://www.fda.gov/MedicalDevices/ResourcesforYou/Industry/default.htm.

Sincerely yours,

Cibava buchnb

Mark N. Melkerson Director Division of Surgical, Orthopedic And Restorative Devices Office of Device Evaluation Center for Devices and Radiological Health

Enclosure

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IV. INDICATIONS FOR USE STATEMENT

K093015 510(k) Number (if known):

Device Name: Binder Intervertebral Body Fusion Device

Indications for Use:

The Binder Intervertebral Body Fusion Device ("Binder Fusion System") is indicated for use in patients with degenerative disc disease (DDD) at one (1) or two (2) contiguous levels of the lumbosacral spine (L2-S1). DDD is defined as discogenic back pain with degeneration of the disc confirmed by history and radiographic studies. These patients should be skeletally mature and have had at least six (6) months of non-operative treatment. In addition, these patients may have had a previous non-fusion spinal surgery at the involved level(s) and may have had up to a Grade 1 spondylolisthesis or retrolisthesis at the involved level(s). The Binder Fusion devices are to be used with autogenous bone graft material and supplemental fixation.

Prescription Use _____________________________________________________________________________________________________________________________________________________________ X

(Part 21 CFR 801 Subpart D)

AND/OR

(21 CFR 801 Subpart C)

Over-The-Counter Use

(PLEASE DO NOT WRITE BELOW THIS LINE-CONTINUE ON ANOTHER PAGE IF NEEDED)

Concurrence of CDRH, Office of Device Evaluation (ODE)

A.M.

Page 1 of 1

(Division Sign-Off Division of Surgical, Orthopedic, and Restorative Devices

K093015 510(k) Number_

§ 888.3080 Intervertebral body fusion device.

(a)
Identification. An intervertebral body fusion device is an implanted single or multiple component spinal device made from a variety of materials, including titanium and polymers. The device is inserted into the intervertebral body space of the cervical or lumbosacral spine, and is intended for intervertebral body fusion.(b)
Classification. (1) Class II (special controls) for intervertebral body fusion devices that contain bone grafting material. The special control is the FDA guidance document entitled “Class II Special Controls Guidance Document: Intervertebral Body Fusion Device.” See § 888.1(e) for the availability of this guidance document.(2) Class III (premarket approval) for intervertebral body fusion devices that include any therapeutic biologic (e.g., bone morphogenic protein). Intervertebral body fusion devices that contain any therapeutic biologic require premarket approval.
(c)
Date premarket approval application (PMA) or notice of product development protocol (PDP) is required. Devices described in paragraph (b)(2) of this section shall have an approved PMA or a declared completed PDP in effect before being placed in commercial distribution.