republic-os/legal/us/code/title-21/chapter-21/section-1606.md

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LegalText	21 U.S.C. § 1606	Subsequent impleader of dismissed biomaterials supplier	us	united_states_code	code_section	21	FOOD AND DRUGS	21	BIOMATERIALS ACCESS ASSURANCE	1606	21 U.S.C. § 1606	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip	/us/usc/t21/s1606	data/legal/raw/us/code/title-21/usc21.xml	2b9e470884523afc083ef4fc7b9b88ca867e54009c1bbd9fd24c1db62ff5b621	3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1	c5c06cbad92b6b7af7b29e61d3184458df87185df23ba1f4faf264cb6e7a396b	2026-07-04	official	legal us-code

21 U.S.C. § 1606 - Subsequent impleader of dismissed biomaterials supplier

Text

(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), 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); 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, § 7, Aug. 13, 1998, 112 Stat. 1528.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to all civil actions covered under this chapter commenced on or after Aug. 13, 1998, including any in which the harm or harmful conduct occurred before such date, see section 8 of Pub. L. 105–230, set out as a note under section 1601 of this title.