ARTICLE · 24 SEPTEMBER 2014

The Biomaterials Access Assurance Act: An Underused Tool Against Forum Shopping

Patterson Belknap Webb & Tyler LLP

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The Biomaterials Access Assurance Act was enacted in 1998 to protect biomaterial suppliers of implanted medical devices from the expenses of defending baseless civil suits.

United StatesLitigation, Mediation & Arbitration

Michael Mukasey

Jenya Moshkovich

The Biomaterials Access Assurance Act (BAAA) was enacted in 1998 to protect biomaterial suppliers of implanted medical devices from the expenses of defending baseless civil suits. 21 U.S.C. §§1601-1606. The BAAA is a valuable and underused tool for medical device defendants because it provides a mechanism for swiftly dismissing defendants that supplied medical device parts or materials but that did not design, manufacture, test, or label the devices. The act has practical applications that can prevent forum shopping through fraudulent joiner of in-state materials suppliers and can in some cases provide a complete defense against liability to a supplier.

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