Skip to main content
S 303 104th Congress Senate Commerce Administrative procedure Artificial implants Biomedical engineering Biomedical materials Civil procedure Department of Health and Human Services Discovery (Law) Evidence (Law) Federal preemption Frivolous lawsuits Government Operations and Politics Health Law Legal fees Manufacturing industries Materials Medical supplies Products liability Raw materials

Biomaterials Access Assurance Act of 1995

Introduced: January 31, 1995 See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 31, 1995
Read twice and referred to the Committee on Commerce.
Jan 31, 1995
Sponsor introductory remarks on measure. (CR S1853-1854)
Jan 31, 1995
Introduced in Senate
 Plain-English summary Congressional Research Service

Biomaterials Access Assurance Act of 1995 - 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.

Exempts a biomaterials supplier (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 (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States 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. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.

What's happening now January 31, 1995

Read twice and referred to the Committee on Commerce.

 Committees of jurisdiction 1