Connell v. Lima Corporate, No. 19-35797 (9th Cir. 2021)Annotate this Case
The Ninth Circuit affirmed the district court's grant of summary judgment in favor of Lima Corporate in a diversity action brought by plaintiffs, alleging product liability and negligence claims relating to a hip implant. The panel held that in light of the statutory text, context, and stated purpose, Lima Corporate was a biomaterials supplier of its Hip Stem – a "component part" supplied "for use in the manufacture of an implant" pursuant to the Biomaterials Access Assurance Act (BAAA), 21 U.S.C. 1602(1)(A). In this case, Lima Corporate was immune from liability under the BAAA and, under the circumstances, could not be impleaded under section 1606.