Biomaterials Access Assurance Act of 1997

Summary

Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under 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) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications; (4) knew, or through reasonable inquiry could have known, of the application to which the raw material was to be put, the risks, and that the buyer or user was ignorant of the risks, but failed to warn the buyer or user; or (5) furnished raw materials that were defective. Declares that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. (Sec. 6) Sets forth procedures regarding dismissal of actions against suppliers. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 26 June 1997

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 26 June 1997

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 26 June 1997

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.