FacultyFaculty/Author Profile

Jennifer D. Newberger

Hyman, Phelps & McNamara, P.C.

Washington, DC, USA

Jennifer D. Newberger helps medical device clients develop regulatory strategies, prepare product applications, comply with labeling, advertising, and promotion, and address enforcement actions. Ms. Newberger also works on combination product issues, and has expertise in FDA's regulation of human tissue-based products. She provides counsel on FDA aspects of regulatory due diligence, contracts, and transactions, and represents medical device companies before FDA.

As part of her regulatory work, Ms. Newberger prepares IDE, 510(k), de novo, and PMA submissions or filings. In the area of compliance, she advises clients on MDRs, recalls, and QSRs. She has worked with companies ranging from start-ups to small and large manufacturers.

Before joining the firm, Ms. Newberger was a policy advisor at FDA's Center for Devices and Radiological Health. Her knowledge of the government's internal processes and priorities guides her interpretation of emerging medical device regulation. Earlier in her career, Ms. Newberger was an associate in the health care group of a national firm.

Related Experience

Medical Devices

• Helps clients develop regulatory strategies, including investigational device exemptions, 510(k) clearance, and PMA approvals.
• Handles appeals of premarket decisions, such as NSE letters.
• Advises companies on compliance with post-market regulations, including adverse event reporting, labeling and advertising, Part 806 (recall) reporting, QSR, and product modifications.
• Provides guidance on IDEs, clinical studies, and informed consent.
• Counsels clients on enforcement actions, including Form 483s, warning letters, product recalls, and injunctions.
• Advises companies on FDA regulation of software and mobile apps.
• Counsels medical device companies on compliance with labeling, advertising, and promotion regulations.
• Reviews contracts and security disclosure documents.
• Performs regulatory due diligence and post acquisition risk mitigation.

Product Jurisdiction

• Advises companies on product jurisdiction strategies.

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.

Articles / Publications - see more articles

Commercialisation of Healthcare Global Guide, January 19, 2016
Thomson Reuters Book: Commercialisation of Health Care, November 4, 2013
Draft Guidance on Medical Device Recalls: Improvements Are Needed, July / August 2013
The US FDA and its Draft Guidance on Medical Device Appeals, April 2013
Summary of CMS Final Rule on Transparency Reporting, February 12, 2013

Speaking Engagements

FDA Workshop: Streamlining Good Manufacturing Practices (GMPs) for Hearing Aids, April 21, 2016
ABA Family Law 2015 Spring CLE Conference, May 6-9, 2015 Fragile: Handle with Care! (Importing and Exporting of Gametes, The Hurdles and Ethical Implications" (Jennifer Newberger's topic to be determined))
FDLI Introduction to Medical Device Law & Regulations, April 3 - 4, 2013 Registration and Listing
FDLI: Introduction to Medical Device Law and Regulation, March 12 - 13, 2012 Clinical Investigations

Blog Posts - see more blog entries

Another Court Weighs In on Whether Off-Label Promotion is Per Se Illegal; Jury Finds Both Defendants Not Guilty on All Counts, February 26, 2016
Not All Devices are Created Equal: UDI Direct Marking, June 29, 2015
FDA to Weigh Risks and Benefits in Approving Investigational Device Exemptions, June 23, 2015
FDA Issues Draft Guidance Regarding Patient Preference Information for Medical Device Submissions, May 17, 2015
FDA Announces Progress Regarding Balancing Premarket and Postmarket Data Collection for PMAs, May 1, 2015


J.D., magna cum laude, University of Miami School of Law
M.P.H., International Health, Emory University
B.A., with honors, Anthropology, Washington University in St. Louis

Bar Admissions

District of Columbia

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