House Committee Approves Biomaterials Liability Reform Legislation

Apr 10, 1998

The House Judiciary Committee on April 1 approved the Biomaterials Access Assurance Act of 1998 (H.R. 872) and sent the measure to the full House for consideration. Under this bill, suppliers of raw materials used in medical devices could be dismissed from product liability lawsuits if the materials they provide meet the device manufacturer's requirements. However, the bill provides no shield for suppliers of raw materials used in breast implant cases. A significant compromise in the measure is a provision that would allow victims or manufacturers to file post-trial motions to bring suppliers of raw materials back into liability cases if the court finds there is evidence of negligence on the part of the supplier.

Late in the last Congressional session, final action on the Senate version of the biomaterials bill (S. 364) was blocked by Sen. John Rockefeller (D-WV) because he feared that moving forward on the stand-alone bill would reduce the likelihood of passage of a comprehensive product liability reform measure then under consideration. Ultimately, Congress adjourned without passing either a biomaterials bill or a comprehensive product liability reform bill.

Despite the failure of Congress to adopt either bill so far, efforts last year to tailor the comprehensive tort reform legislation to be more acceptable to President Clinton suggest that attempts to achieve an acceptable compromise will continue in 1998. This Congressional session, however, has focused on the complex tobacco compromise, leaving comprehensive tort reform on the back burner. The latest action by the House Judiciary Committee indicates that the stand-alone biomaterials bill may move forward without broader tort reform initiatives.

For more information on the biomaterials reform legislation, please contact Jerome H. Heckman at 202-434-4110 or by e-mail at heckman@khlaw.com. For more information on comprehensive tort reform, contact Sheila A. Millar at 202-434-4143 by e-mail at millar@khlaw.com.