II
111th CONGRESS
1st Session
S. 540
IN THE SENATE OF THE UNITED STATES
March 5, 2009
Mr. Kennedy (for himself, Mr. Leahy, Mr. Durbin, Mr. Dodd, Mr. Harkin, Mr. Bingaman, Mr. Reed, Mr. Sanders, Mr. Brown, Mr. Casey, Mrs. Hagan, Mr. Merkley, Mr. Whitehouse, Mrs. McCaskill, Mr. Johnson, Mr. Schumer, Mr. Udall of New Mexico, and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices.
Short title
This Act may be cited as
the Medical Device Safety Act of
2009
.
Liability under state and local requirements respecting devices
Amendment
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.