Freedom of Information request about how many reports of infection we had received for the Spinal Kinetics M6C cervical disk replacement (FOI 21/198)
Published 7 May 2021
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Thank you for your email of 22 February 2021, where you asked the MHRA to confirm how many reports of infection we had received for the Spinal Kinetics M6C cervical disk replacement.
Please note that the MHRA’s FOI responses are now being published (anonymised) on our website. I will therefore send you a second email to answer your enquiry about your personal report.
The MHRA cannot share information relating to an adverse incident investigation or that is specific to named manufacturers. This includes makes and models, which would identify the manufacturer.
The information you have asked for is exempt from disclosure under Section 44 of the Freedom of Information Act 2000 (FOIA)
Section 44 – Prohibitions on disclosure: the release of information is exempt as its disclosure is prohibited by other legislation. In this case, section 237 of the Enterprise Act 2002 prohibits a public authority from releasing information which came to it in connection with the exercise of its functions, and which relates to the affairs of an individual or business.
The MHRA is satisfied that the information you have requested:
constitutes information which came to us in connection with the exercise of the Agency’s functions. The MHRA has a duty of consumer protection under the Consumer Protection Act 1987 which is listed as a specified function under Schedule 14 of the Enterprise Act 2002, and receives information while exercising consumer protection functions in its role as the regulator of medicines and healthcare products.
relates to the affairs of Spinal Kinetics, a business which continues to exist.
If you disagree with how we have interpreted the Freedom of Information Act 2000 with regards to your request, you can ask for an internal review. It will be carried out by a senior member of the Agency who was not involved with the original decision. Internal review requests should be submitted within two months of the date you receive this response and addressed to: [email protected].
If you were to remain dissatisfied with the outcome of the internal review, you would have the right to apply directly to the Information Commissioner for a decision. Please bear in mind that the Information Commissioner will not normally review our handling of your request unless you have first contacted us to conduct an internal review.
The Information Commissioner can be contacted online: https://ico.org.uk/make-a-complaint/official-information-concerns-report/official-information-concern/
or by post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
If the manufacturer or MHRA identifies a safety issue with this medical device, this will be communicated to the manufacturer’s customers and the health service through one or more of these communication routes.
Yours sincerely,
MHRA Customer Service Centre
Medicines and Healthcare products Regulatory Agency
10 South Colonnade, Canary Wharf, London E14 4PU Telephone 0203 080 6000