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July 29, 1998
(House)
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H.R. 872 - Biomaterials Access Assurance Act of 1998
(Gekas (R) Pennsylvania and 135 cosponsors)
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The Administration supports House passage of the manager's amendment to
H.R. 872 which would protect certain biomaterials suppliers from liability
for harm caused by a medical implant for which they provided raw materials
or component parts. In vetoing legislation that included a separate
biomaterials title in 1996, the President expressed general support for the
goals of the biomaterials bill, but objected to the language because it
would have protected from liability even those suppliers who knew or should
have known that the materials, as implanted, would cause injury. The bill
before the House does not protect those suppliers whose negligence or
intentionally tortious conduct was a cause of the harm if: (1) the
manufacturer's liability should be reduced because of that negligence or
intentionally tortious conduct; or (2) the manufacturer is insolvent. This
bill is narrowly crafted to address the demonstrated problem that the
supply of life-saving and life-enhancing bodily implants is threatened by
the refusal of suppliers of raw materials and component parts to provide
their materials and parts because their potential costs of defending
against liability claims exceed their profits from sale of the materials
and parts.
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