§1603 — Title 21 Food and Drugs | U.S. Code

Summary

Biomaterials suppliers in lawsuits about implants may use the liability exceptions in section 1604 and can ask the court to dismiss the case or decide it without a full trial under section 1605. If a motion under section 1605 or section 1606 is filed, the federal or state court must follow the steps written in this chapter. The chapter applies to any civil suit by a claimant in state or federal court for harm tied to an implant, no matter the legal theory. It does not apply when a buyer of a medical device sues over damage to the device or business losses; those cases follow usual commercial or contract law. The chapter replaces state law only where it creates rules for recovering damages for implant harm. Other issues use applicable federal or state law. Nothing here removes other defenses available under other laws or creates federal-question jurisdiction under 28 U.S.C. 1331 or 1337.

Title 21, §1603

Food and Drugs — Source: USLM XML via OLRC

(a)(1)In any civil action covered by this chapter, a biomaterials supplier may—

(A)raise any exclusion from liability set forth in section 1604 of this title; and

(B)make a motion for dismissal or for summary judgment as set forth in section 1605 of this title.

(2)Notwithstanding any other provision of law, a Federal or State court in which an action covered by this chapter is pending shall, in connection with a motion under section 1605 or 1606 of this title, use the procedures set forth in this chapter.

(b)(1)Except as provided in paragraph (2), this chapter applies to any civil action brought by a claimant, whether in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by an implant.

(2)A civil action brought by a purchaser of a medical device, purchased for use in providing professional health care services, for loss or damage to an implant or for commercial loss to the purchaser—

(A)shall not be considered an action that is subject to this chapter; and

(B)shall be governed by applicable commercial or contract law.

(c)(1)This chapter supersedes any State law regarding recovery for harm caused by an implant and any rule of procedure applicable to a civil action to recover damages for such harm only to the extent that this chapter establishes a rule of law applicable to the recovery of such damages.

(2)Any issue that arises under this chapter and that is not governed by a rule of law applicable to the recovery of damages described in paragraph (1) shall be governed by applicable Federal or State law.

(d)Nothing in this chapter may be construed—

(1)to affect any defense available to a defendant under any other provisions of Federal or State law in an action alleging harm caused by an implant; or

(2)to create a cause of action or Federal court jurisdiction pursuant to section 1331 or 1337 of title 28 that otherwise would not exist under applicable Federal or State law.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to all civil actions covered under this chapter commenced on or after Aug. 13, 1998, including any in which the harm or harmful conduct occurred before such date, see section 8 of Pub. L. 105–230, set out as a note under section 1601 of this title.

§1603 General requirements; applicability; preemption

Summary

Title 21, §1603

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata