IN THE SENATE OF THE UNITED STATES
July 31, 2008
Mr. Reid (for Mr. Kennedy (for himself, Mr. Leahy, Mr. Dodd, Mr. Harkin, Ms. Mikulski, Mr. Bingaman, Mrs. Murray, Mr. Reed, Mrs. Clinton, Mr. Obama, Mr. Sanders, Mr. Brown, and Mr. Whitehouse)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices.
This Act may be cited as
Medical Device Safety Act of
Liability under state and local requirements respecting devices
Section 521 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360k) is amended by adding at the end the following:
No effect on liability under state law
Nothing in this section shall be construed to modify or otherwise affect any action for damages or the liability of any person under the law of any State.
Effective date; applicability
The amendment made by subsection (a) shall—
take effect as if included in the enactment of the Medical Device Amendments of 1976 (Public Law 94–295); and
apply to any civil action pending or filed on or after the date of enactment of this Act.