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Parker v. St. Vincent Hospital5/30/1996
estigate the safety of the Vitek implants before supplying said implants and allowing their use in the Hospital." We remand for further proceedings consistent with this opinion.
{33} IT IS SO ORDERED.
HARRIS L HARTZ, Judge
WE CONCUR:
RUDY S. APODACA, Chief Judge
BENNY E. FLORES, Judge
1 In 1982 the chairman of the FDA testified that 95% of manufacturers of medical devices had fewer than 500 employees and half of those had fewer than 50. FDA Oversight: Medical Devices, 1982: Hearings before the Subcommittee on Oversight and Investigations of the House Energy and Commerce Committee, 97th Cong., 2d Sess. 5 (1982) (testimony of Dr. Arthur Hayes, Commissioner, FDA). Congressman John Dingell said that there were 7000 manufacturers making over 41,000 devices. Id. at 2. A 1976 Congressional Report stated that "small manufacturers of medical devices . . . have been responsible for the development of a host of important and innovative devices." H.R. Rep. No. 94-853, 94th Cong., 2d Sess. 12 (1976).
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