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.
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
1606 of this title, use the procedures set forth in this chapter.
(1) In general
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.
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) Scope of preemption
(1) In general
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) Applicability of other laws
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) Statutory construction
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
1337 of title
28 that otherwise would not exist under applicable Federal or State law.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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