Federal Laws Addressing Liability

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The Biomaterials Access Assurance Act of 1998

The Biomaterials Access Assurance Act of 1998 ("Biomaterials Act"), Pub. L. No. 105-230, was enacted in response to a liability crisis that threatened the availability of implantable medical devices such as pacemakers, heart valves, artificial blood vessels, and hip and knee joints. The Biomaterials Act allows suppliers of the raw materials and component parts used to make implantable medical devices to obtain dismissal, without extensive discovery or other legal costs, in certain tort suits in which plaintiffs allege harm from a finished medical implant.