Keep the manufacturer responsible for investigation and action · Give healthcare institutions a defined monitoring role · Involve societies, standards bodies and other partners
Counts the explicit approaches or boundaries identified in this passage. Categories can overlap; the stated clinical scope still applies.
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R2. Do not trade premarket evidence for postmarket monitoring outside the lowest-risk quadrant (Questions 18, 19, and 21) This follows from S1 and S2. Question 18 asks whether CDRH should "accept greater premarket uncertainty regarding a GenAI-enabled device's benefit-risk profile through greater reliance on postmarket monitoring." My answer is a qualified no. The framework in S1 exists precisely to identify which functions can tolerate uncertainty. If a function sits in the lower-left quadrant — non-directive information with limited consequences — then reduced premarket evidence with defined monitoring is a reasonable proportionality judgment. For anything action-directing or action-taking, or anything with moderate or severe consequences, accepting premarket uncertainty transfers risk from the sponsor, who chose to deploy, to the patient, who did not. Docket No. FDA-2026-N-7874 — Individual comment — Page 3 Postmarket surveillance is also structurally weaker than the paper implies. Existing device adverse event reporting depends on passive reporting and is known to under-capture harm. GenAI failure modes — confabulation, cumulative scope drift, over-reassurance, silent degradation after an upstream model change — have no established reporting taxonomy, no established detection method, and no natural reporter, since the patient may never learn that an output was wrong. Before postmarket monitoring can justify reduced premarket evidence, CDRH would need at least the following in place: a reporting taxonomy specific to GenAI failure modes; prespecified, publicly disclosed performance thresholds with a defined cadence of re-benchmarking; a patient-facing channel for reporting suspected incorrect outputs; and public reporting of monitoring results, not just submission to FDA. On Question 21, I would caution against "shared ecosystem responsibility" becoming a mechanism for diffusing accountability. Clinicians, institutions, and professional societies can contribute signal. They should not absorb liability. The sponsor is the manufacturer and remains responsible for the device's performance across the total product life cycle, including for the behavior of components it licenses from others.Original source ↗