Failure in health research regulation is nothing new. Indeed, the regulation of clinical trials was developed in response to the Thalidomide scandal, which occurred some fifty years ago. 1 Yet, health research regulation is at the centre of recent failures. 2 Metal-on-metal hip replacements, 3 and, more recently, mesh implants for urinary incontinence and pelvic organ prolapse in womenoften referred to as 'vaginal mesh'have been the subject of intense controversy. 4 Some have even called the latter controversy 'the new Thalidomide'. 5 In these cases, previously licensed medical devices were used to demonstrate the safety of supposedly analogous new medical devices, and obviate the need for health research involving humans. 6 In this chapter, I use health research regulation for medical devices to look at the regulatory framing of harm through the language of technological risk, i.e. relating to safety. My overall argument is that reliance on this narrow discourse of technological risk in the regulatory framing of harm may marginalise stakeholder knowledges of harm to produce a limited knowledge base. The latter may underlie harm, and in turn lead to the construction of failure.I understand failure itself in terms of this framing of harm. 7 Failure is taken to be ontologically and normatively distinct from harm, and as implicating the design and functioning of the system * Many thanks to all those with whom I have discussed the ideas set out in this chapter, especially the editors and