[Congressional Record Volume 144, Number 111 (Friday, August 7, 1998)]
[Extensions of Remarks]
[Page E1573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BIOMATERIALS ACCESS ASSURANCE ACT

                                 ______
                                 

                               speech of

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                        Wednesday, July 29, 1998

  Ms. ESHOO. Mr. Speaker, I'm proud to support H.R. 872, the 
Biomaterials Access Assurance Act. The broad consensus of support that 
the bill now enjoys is the result of many months of hard work by many, 
especially the bill's sponsor, Representative George Gekas.
  ``Biomaterials'' are the raw materials that are used to make medical 
implants and devices. Examples of biomaterials include silicone, 
polyester, urethane, and polycarbonate. These materials have hundreds 
of non-medical uses, but their use in medical devices is one of the 
most important.
  Despite having no role in the design, testing, or production of 
implantable medical products, biomaterials suppliers are exposed to 
millions of dollars in litigation costs from product liability suits. 
Courts have overwhelmingly found biomaterials suppliers not liable, but 
the costly litigation quickly overwhelms the relatively small financial 
benefits of selling to the medical device market. For this reason, many 
biomaterials suppliers no longer sell their products for medical use.
  H.R. 872 would limit the liability of biomaterials suppliers to 
instances of genuine fault. It provides expedited dismissal for 
biomaterials suppliers, without extensive discovery or other legal 
costs, in product liability suits where plaintiffs allege harm from a 
medical implant.
  Without congressional action, patients will lose access to life-
enhancing and life-saving implantable medical devices and some device 
manufacturers will close their doors.
  Passage of this legislation is critically important for the future of 
Millions of patients and the medical device industry. Anyone that uses 
a medical device or knows someone that uses a medical device should be 
heartened by the action of the House today. This bill is a victory for 
consumers and ensures that the United States' leadership in medical 
technology innovation will continue.
  In closing, I want to emphasize how important it is that this bill 
remain narrow in scope. As written, it addresses a specific, well-
documented public health problem. Any effort to expand the scope of the 
bill by our colleagues in the other body to include broader product 
liability reforms will seriously endanger passage this year. On behalf 
of the patients who depend on medical technology, we cannot afford to 
let that happen.

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