
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1606]

 
                        TITLE 21--FOOD AND DRUGS
 
                CHAPTER 21--BIOMATERIALS ACCESS ASSURANCE
 
Sec. 1606. Subsequent impleader of dismissed biomaterials 
        supplier
        

(a) Impleading of dismissed defendant

    A court, upon motion by a manufacturer or a claimant within 90 days 
after entry of a final judgment in an action by the claimant against a 
manufacturer, and notwithstanding any otherwise applicable statute of 
limitations, may implead a biomaterials supplier who has been dismissed 
from the action pursuant to this chapter if--
        (1) the manufacturer has made an assertion, either in a motion 
    or other pleading filed with the court or in an opening or closing 
    statement at trial, or as part of a claim for contribution or 
    indemnification, and the court finds based on the court's 
    independent review of the evidence contained in the record of the 
    action, that under applicable law--
            (A) the negligence or intentionally tortious conduct of the 
        dismissed supplier was an actual and proximate cause of the harm 
        to the claimant; and
            (B) the manufacturer's liability for damages should be 
        reduced in whole or in part because of such negligence or 
        intentionally tortious conduct; or

        (2) the claimant has moved to implead the supplier and the court 
    finds, based on the court's independent review of the evidence 
    contained in the record of the action, that under applicable law--
            (A) the negligence or intentionally tortious conduct of the 
        dismissed supplier was an actual and proximate cause of the harm 
        to the claimant; and
            (B) the claimant is unlikely to be able to recover the full 
        amount of its damages from the remaining defendants.

(b) Standard of liability

    Notwithstanding any preliminary finding under subsection (a) of this 
section, a biomaterials supplier who has been impleaded into an action 
covered by this chapter, as provided for in this section--
        (1) may, prior to entry of judgment on the claim against it, 
    supplement the record of the proceeding that was developed prior to 
    the grant of the motion for impleader under subsection (a) of this 
    section; and
        (2) may be found liable to a manufacturer or a claimant only to 
    the extent required and permitted by any applicable State or Federal 
    law other than this chapter.

(c) Discovery

    Nothing in this section shall give a claimant or any other party the 
right to obtain discovery from a biomaterials supplier at any time prior 
to grant of a motion for impleader beyond that allowed under section 
1605 of this title.

(Pub. L. 105-230, Sec. 7, Aug. 13, 1998, 112 Stat. 1528.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1603, 1604, 1605 of this 
title.
