H.R.872 - Biomaterials Access Assurance Act of 1998105th Congress (1997-1998)
Summary: H.R.872 — 105th Congress (1997-1998)
Passed House amended (07/30/1998)
Biomaterials Access Assurance Act of 1998 - Provides that, in any civil action covered by this Act, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any exclusion set forth in section 5 and move for dismissal or summary judgment under section 6 of this Act.
(Sec. 5) Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) held title to the implant and then acted as a seller after the implant's initial sale by the manufacturer (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Declares that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier registered or was required to register with the Secretary of Health and Human Services and included or was required to include the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act.
(Sec. 6) Sets forth procedures relating to the dismissal of civil actions against suppliers.
(Sec. 7) Allows, on a motion by a manufacturer or a claimant within a specified period after final judgment, a biomaterials supplier who was earlier dismissed from the action to be impleaded (brought back into the action) in certain circumstances.