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

Summary

Biomaterials suppliers in lawsuits covered by this chapter can use the liability limits in section 1604. They can also ask a court to throw out the case or decide it early under section 1605. If a court is deciding motions under section 1605 or 1606, the court must follow the chapter’s procedures. The chapter applies to any lawsuit by a person bringing a claim in federal or state court for harm said to be caused, directly or indirectly, by an implant. But if a buyer bought a medical device to use in providing professional health care and sues only for damage to the implant or for commercial loss, that claim is not covered and is handled under commercial or contract law. Where the chapter sets rules about recovering damages for implant harm, those rules replace state law. Other questions follow normal federal or state law. The chapter does not take away other defenses a defendant has, and it does not create a new federal cause of action or federal court 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