Meaningful End to Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care goods or services.
Sets a statute of limitations of three years after the date of the manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Caps the amount of noneconomic damages at $350,000 if a claimant rejects a settlement that meets certain criteria.
Prohibits a provider of collateral source benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death.
Makes a benevolent gesture or admission of fault that is made by a health care provider or employee to the claimant or the claimant's relative or representative inadmissible as evidence of an admission of liability or an admission against interest.
Makes each party liable only for the amount of damages proportional to such party's percentage of responsibility.
Authorizes the award of punitive damages only where: (1) it is otherwise permitted by applicable state or federal law; (2) it is proven by clear and convincing evidence that the defendant acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (3) compensatory damages are awarded.
Provides for periodic payment of future damages.
Prohibits a health care provider from being named as a party to a product liability lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved medical product.
Prescribes qualifications for expert witnesses.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5690 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5690
To improve patient access to health care services and provide improved
medical care by reducing the excessive burden the liability system
places on the health care delivery system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Mr. Gingrey of Georgia (for himself, Mr. Fleming, Mr. Smith of Texas,
Mr. Kline of Minnesota, Mr. Hall of Texas, Mr. Bilbray, Mr. Marchant,
Mr. Bishop of Utah, Mr. Franks of Arizona, Mr. Rooney, Mr. Shadegg, Mr.
Lee of New York, Mrs. McMorris Rodgers, Mrs. Blackburn, Mr. Roe of
Tennessee, Mr. Kingston, Mr. Cole, Mr. Cassidy, Mr. Pitts, Mr.
Westmoreland, Mr. Latta, Mr. Bonner, Mr. Linder, Mr. Boustany, Mr.
Griffith, Mr. Tim Murphy of Pennsylvania, Mr. Bartlett, and Mr. Dent)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To improve patient access to health care services and provide improved
medical care by reducing the excessive burden the liability system
places on the health care delivery system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Meaningful End to
Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Health care lawsuit statute of limitations.
Sec. 4. Early offer.
Sec. 5. Collateral source benefits.
Sec. 6. Benevolent gesture or admission of fault by a health care
provider.
Sec. 7. Fair share rule.
Sec. 8. Punitive damages.
Sec. 9. Authorization of payment of future damages to claimants in
health care lawsuits.
Sec. 10. Liability of health care providers for FDA-approved products.
Sec. 11. Expert Witness Standards.
Sec. 12. Protection of States' rights and effect on other laws.
Sec. 13. Definitions.
Sec. 14. Applicability.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--
(1) Effect on health care access and costs.--Congress finds
that the United States civil justice system adversely affects
patient access to health care services, the quality of patient
care, and the cost-efficiency of health care because the health
care liability system is costly, ineffective, and a deterrent
to the sharing of information among health care professionals,
which impedes efforts to improve patient safety and quality of
care.
(2) Effect on interstate commerce.--Congress finds that--
(A) the health care and insurance industries affect
interstate commerce; and
(B) the health care liability litigation systems
throughout the United States affect interstate commerce
by contributing to the high cost of health care and
premiums for health care liability insurance purchased
by health care system providers.
(3) Effect on federal spending.--Congress finds that the
health care liability litigation systems throughout the United
States have a significant effect on the amount, distribution,
and use of Federal funds because of--
(A) the large number of individuals who receive
health care benefits under programs operated or
financed by the Federal Government;
(B) the large number of individuals who benefit
because of the exclusion from Federal taxes of the
amounts spent to provide them with health insurance
benefits; and
(C) the large number of health care providers who
provide items or services for which the Federal
Government makes payments.
(b) Purpose.--It is the purpose of this Act to implement
reasonable, comprehensive, and effective health care liability reforms
designed to--
(1) improve the availability of health care services in
cases in which health care lawsuits have been shown to be a
factor in the decreased availability of services;
(2) reduce the incidence of ``defensive medicine'' and
lower the cost of health care liability insurance, all of which
contribute to the escalation of health care costs;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(4) improve the fairness and cost-effectiveness of our
current health care liability system to resolve disputes over
health care liability by reducing uncertainty in the amount of
compensation provided to injured individuals; and
(5) increase the sharing of information in the health care
system to reduce unintended injury and improve patient care.
SEC. 3. HEALTH CARE LAWSUIT STATUTE OF LIMITATIONS.
(a) Statute of Limitations for Health Care Lawsuit.--Except as
provided under subsection (b), a health care lawsuit is barred unless
it is commenced before the earlier of--
(1) the expiration of the 3-year period beginning on the
date of manifestation of injury; or
(2) the expiration of the 1-year period beginning on the
date on which the claimant discovers, or through the use of
reasonable diligence should have discovered, the injury.
(b) Tolling of Statute of Limitations.--The statute of limitations
under subsection (a) may be tolled for any of the following:
(1) Proof of fraud.
(2) Intentional concealment of information necessary for a
claimant to file a health care lawsuit.
(3) The presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person that is related to the health care liability
claim.
(c) Applicability.--This section shall not apply to any health care
lawsuit arising from an injury occurring before the date of the
enactment of this Act.
SEC. 4. EARLY OFFER.
(a) In General.--If a claimant rejects a qualified early offer from
a defendant in a health care lawsuit, the amount of noneconomic damages
that may be awarded against that defendant in the lawsuit may not
exceed $350,000.
(b) Qualified Early Offer.--In this section, the term ``qualified
early offer'' means, with respect to a health care lawsuit, a
reasonable offer that--
(1) is made by a defendant to a claimant in order to settle
the health care liability claim which is the subject of the
lawsuit;
(2) provides for the periodic payment to the claimant of
net economic damages as such damages accrue, for which the
defendant is responsible, to the claimant, to the extent that
such damages are not already covered by a collateral source;
(3) provides for payment of the reasonable attorney's fees
of the claimant;
(4) is made to the claimant not later than 180 days after
the date such lawsuit is commenced; and
(5) allows the claimant to accept or reject such offer
within 30 days after the date on which such offer is made.
(c) Calculation of Award.--If a claimant rejects a qualified early
offer from a defendant in a health care lawsuit--
(1) an award for noneconomic damages in excess of $350,000
shall be reduced to such amount either before the entry of
judgment, or by amendment of the judgment after entry of
judgment, and such reduction shall be made before accounting
for any other reduction in damages required by law; and
(2) in a case in which separate awards are rendered for
past and future noneconomic damages, the future noneconomic
damages shall be reduced first.
(d) Attorney's Fees.--If a qualified early offer is rejected and a
judgment is subsequently entered against the offeree in that health
care lawsuit, the offeree shall be liable for the attorney's fees of
the offeror.
(e) No Jury Notification.--If a claimant rejects a qualified early
offer, the jury shall not be informed about the maximum award for
noneconomic damages.
(f) Early Offer Evidence Inadmissible.--In any health care lawsuit,
a qualified early offer shall be inadmissible as evidence of admission
of liability or as evidence of an admission against interest.
SEC. 5. COLLATERAL SOURCE BENEFITS.
(a) Evidence of Collateral Source Benefits Admissible.--In any
health care lawsuit involving injury or wrongful death, a party may
introduce evidence of collateral source benefits.
(b) Collateral Source Benefits Introduced.--If a party elects to
introduce evidence of collateral source benefits, an opposing party may
introduce evidence of an amount paid or contributed or reasonably
likely to be paid or contributed in the future by or on behalf of the
opposing party in order to secure such collateral source benefits.
(c) Providers of Collateral Source Benefits Barred From Recovery.--
In any health care lawsuit involving injury or wrongful death, a
provider of collateral source benefits may not--
(1) recover an amount against the claimant;
(2) receive a lien or credit against the claimant's
recovery; or
(3) be equitably or legally subrogated to the rights of the
claimant.
(d) Recovery Defined.--In this section, the term ``recovery''
means, with respect to a health care liability claim, the net sum
recovered by a claimant after deducting any disbursements or costs
incurred in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person, but does not
include costs of health care incurred by the claimant or the charges
for legal services of the claimant's attorney.
(e) Applicability.--Subsection (c) shall not apply in the case of a
collateral source benefit for which the Secretary of Health and Human
Services or a State or local agency administering a State Medicaid plan
may recover (or expect to recover) any payment made for such benefit
pursuant to section 1862(b) (42 U.S.C. 1395y(b)) or section 1902(a)(25)
(42 U.S.C. 1396a(a)(25)) of the Social Security Act.
SEC. 6. BENEVOLENT GESTURE OR ADMISSION OF FAULT BY A HEALTH CARE
PROVIDER.
(a) Evidence Inadmissible.--In any health care lawsuit, a
benevolent gesture or admission of fault that is made by a health care
provider, or an employee of a health care provider, to the claimant, a
relative of the claimant, or a representative of the claimant shall be
inadmissible as evidence of admission of liability or as evidence of an
admission against interest.
(b) Application of Rule.--The rule established under subsection (a)
applies to a benevolent gesture or admission of fault by a health care
provider to a claimant or the claimant's relative or representative
(including any such gesture or admission made before the commencement
of the health care lawsuit) regarding the claimant's discomfort, pain,
suffering, injury, or death, regardless of the cause, including the
unanticipated outcome of any treatment, consultation, care, or service
provided by such provider (or by the employees, agents, or contractors
of such provider) or the omission of such treatment, consultation,
care, or service.
(c) Applicability.--This section shall apply in all judicial
proceedings commenced after the date of the enactment of this Act and,
insofar as is just and practicable, in all judicial proceedings pending
on such date of enactment.
(d) Definitions.--In this section:
(1) Benevolent gesture.--The term ``benevolent gesture''
means any statement, affirmation, gesture, or conduct,
including subsequent remedial or preventative measures,
expressing apology, sympathy, commiseration, condolence,
compassion, or a general sense of benevolence that relates
solely to discomfort, pain, suffering, injury, or death as the
result of the unanticipated outcome of medical care.
(2) Relative.--The term ``relative'' means, with respect to
a claimant, the claimant's spouse, parent, stepparent,
grandparent, child, stepchild, grandchild, brother, sister,
half-brother, half-sister, spouse's parents, or any other
person who has a family-type relationship with the claimant.
(3) Representative.--The term ``representative'' means a
legal guardian, attorney, or an agent designated to make
medical decisions under a power of attorney over health care
matters, a health care representative who is authorized to make
health care decisions for a principal under applicable law, a
surrogate designated in an advance directive for health care,
or any person recognized in law or custom as an agent.
(4) Unanticipated outcome.--The term ``unanticipated
outcome'' means an outcome of a medical treatment or procedure,
care, or service that differs from the expected or anticipated
result.
SEC. 7. FAIR SHARE RULE.
(a) Liability.--In any health care lawsuit, each party shall be
liable for that party's several share of any damages only and not for
the share of any other person.
(b) Allocation of Damages.--Each party shall be liable only for the
amount of damages allocated to such party in direct proportion to such
party's percentage of responsibility.
(c) Determination of Responsibility.--For purposes of this section,
the trier of fact shall determine the proportion of responsibility of
each party for the claimant's harm.
SEC. 8. PUNITIVE DAMAGES.
(a) Punitive Damages Award.--Punitive damages may be awarded
against a defendant in a health care lawsuit for a health care
liability claim only if--
(1) otherwise permitted by applicable State or Federal law;
(2) it is proven by clear and convincing evidence that such
defendant acted with malicious intent to injure the claimant,
or that such defendant deliberately failed to avoid unnecessary
injury that such defendant knew the claimant was substantially
certain to suffer; and
(3) compensatory damages are awarded for such claim.
(b) Demand for Punitive Damages.--
(1) Complaint.--A claimant may not file a demand for
punitive damages in the original complaint for a health care
lawsuit.
(2) Amended complaint.--A claimant may file an amended
complaint for punitive damages if the court finds, after
reviewing supporting and opposing affidavits or after a
hearing, that the claimant has established by a substantial
probability that the claimant will prevail on the claim for
punitive damages.
(3) Hearing.--
(A) Request for punitive damages hearing.--At the
request of any party in a health care lawsuit, the
trier of fact shall consider in a separate hearing
whether punitive damages are to be awarded and the
amount of such award, using the factors listed under
subsection (c).
(B) Evidence inadmissible.--If a separate punitive
damages hearing is requested, any evidence introduced
at such hearing that is relevant only to the claim for
punitive damages, as determined by applicable State
law, shall be inadmissible in any proceeding to
determine whether compensatory damages are to be
awarded.
(c) Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages against a party in a health care lawsuit, the
trier of fact shall consider, where applicable, only the
following:
(A) The severity of the harm caused by the conduct
of such party.
(B) The duration of the conduct or any concealment
of conduct by such party.
(C) The profitability of the conduct to such party.
(D) The number of products sold or medical
procedures rendered for compensation by such party that
caused the harm complained of by the claimant.
(E) Any criminal penalties imposed on such party,
as a result of the conduct complained of by the
claimant.
(F) The amount of any civil fines assessed against
such party as a result of the conduct complained of by
the claimant.
(2) Maximum award.--The maximum amount of punitive damages
that may be awarded in a health care lawsuit is $350,000 or two
times the amount of economic damages awarded, whichever is
greater.
(3) No jury notification.--The jury shall not be informed
about the maximum award for punitive damages under paragraph
(2).
(d) Malicious Intent To Injure.--In this section, the term
``malicious intent to injure'' means intentionally causing or
attempting to cause physical injury other than providing health care
goods or services.
SEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN
HEALTH CARE LAWSUITS.
(a) In General.--In any health care lawsuit, if an award of future
damages, without reduction to present value, equaling or exceeding
$50,000 is made against a party with sufficient insurance or other
assets to fund a periodic payment of such a judgment, the court shall,
at the request of any party, enter a judgment ordering that the future
damages be paid by periodic payments.
(b) Court Guidance.--In any health care lawsuit, the court may be
guided by the Uniform Periodic Payment of Judgments Act promulgated by
the National Conference of Commissioners on Uniform State Laws.
(c) Applicability.--This section applies to all actions that have
not been first set for trial or retrial before the effective date of
this Act.
SEC. 10. LIABILITY OF HEALTH CARE PROVIDERS FOR FDA-APPROVED PRODUCTS.
(a) In General.--Except as provided in subsection (b), a health
care provider who prescribes, or who dispenses pursuant to a
prescription, a medical product approved, licensed, or cleared by the
Food and Drug Administration may not be named as a party to a product
liability lawsuit involving such product and shall not be liable to a
claimant in a class action involving such product that is brought
against the manufacturer, distributor, or seller of such product.
(b) Consolidation of Cases.--Nothing in subsection (a) prevents a
court from consolidating cases involving health care providers and
cases involving product liability claims against the manufacturer,
distributor, or seller of a medical product.
SEC. 11. EXPERT WITNESS STANDARDS.
(a) Requirements.--No individual shall be qualified to testify as
an expert witness concerning issues of negligence in any health care
lawsuit against a defendant unless such individual--
(1) except as required under subsection (b), is a health
care professional who--
(A) is appropriately credentialed or licensed in 1
or more States to deliver health care services; and
(B) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(2) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to the
act or omission which is the subject of the lawsuit on the date
of the incident.
(b) Physician Review.--In a health care lawsuit, if the claim of
the plaintiff involved treatment that is recommended or provided by a
physician (allopathic or osteopathic), an individual shall not be
qualified to be an expert witness under this subsection with respect to
issues of negligence concerning such treatment unless such individual
is a physician.
(c) Specialties and Subspecialties.--With respect to a lawsuit
described in subsection (a), a court shall not permit an expert in one
medical specialty or subspecialty to testify against a defendant in
another medical specialty or subspecialty unless, in addition to a
showing of substantial familiarity in accordance with subsection
(a)(2), there is a showing that the standards of care and practice in
the two specialty or subspecialty fields are similar.
(d) Limitation.--The limitations in this subsection shall not apply
to expert witnesses testifying as to the degree or permanency of
medical or physical impairment.
SEC. 12. PROTECTION OF STATES' RIGHTS AND EFFECT ON OTHER LAWS.
(a) Preemption of State Law.--The provisions governing health care
lawsuits set forth in this Act preempt, subject to subsections (c) and
(d), State law to the extent that State law prevents the application of
any provisions of law established by this Act.
(b) Preemption of Federal Law.--The provisions governing health
care lawsuits set forth in this Act supersede chapters 161 and 171 of
title 28, United States Code, to the extent that such chapters--
(1) provide for a greater amount of damages, a longer
period in which a health care lawsuit may be commenced, or a
reduced applicability or scope of periodic payment of future
damages, than provided in this Act; or
(2) prohibit the introduction of evidence regarding
collateral source benefits, or mandate or permit subrogation or
a lien on collateral source benefits.
(c) Protection of States' Rights and Other Laws.--
(1) In general.--This Act shall not preempt or supersede
any State or Federal law that imposes greater procedural or
substantive protections (including any statute of limitations
that expires sooner than statutes of limitations imposed in
this Act) for health care providers and health care
organizations from liability, loss, or damages than those
provided by this Act, except as provided for under subsection
(d)(1).
(2) Applicable law.--Any issue that is not governed by any
provision of law established by this Act shall be governed by
otherwise applicable State or Federal law.
(d) State Flexibility and Federal Law.--The provisions of this Act
shall not be construed to preempt--
(1) any State law (whether effective before, on, or after
the date of the enactment of this Act) that specifies a
particular monetary amount of compensatory or punitive damages
(or the total amount of damages) that may be awarded in a
health care lawsuit, regardless of whether such monetary amount
is greater or lesser than is provided for by this Act;
(2) any defense available to a party in a health care
lawsuit under any other provision of State or Federal law; or
(3) any State law that provides for an alternative dispute
resolution system.
(e) Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law applicable
to a civil action brought for a vaccine-related injury or
death--
(A) this Act does not affect the application of the
rule of law to such an action; and
(B) any rule of law prescribed by this Act that is
in conflict with a rule of law of such title XXI shall
not apply to such action.
(2) Applicable provisions.--If there is an aspect of a
civil action brought for a vaccine-related injury or death to
which a Federal rule of law under title XXI of the Public
Health Service Act does not apply, then this Act shall apply to
such aspect of such action.
SEC. 13. DEFINITIONS.
In this Act:
(1) Alternative dispute resolution system.--The term
``alternative dispute resolution system'' means a system that
provides for the resolution of health care lawsuits in a manner
other than through a civil action brought in a State or Federal
court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts or
claims a right to legal or equitable contribution, indemnity,
or subrogation, arising out of a health care liability claim,
and any person on whose behalf such a claim is asserted,
whether such person is deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely to
be paid in the future to or on behalf of a claimant, or any
service, product, or other benefit provided or reasonably
likely to be provided in the future to or on behalf of a
claimant, as a result of the injury or wrongful death, pursuant
to--
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or
accident insurance that provides health benefits or
income-disability coverage;
(C) any contract or agreement of any group,
organization, partnership, or corporation to provide,
pay for, or reimburse the cost of medical, hospital,
dental, or income-disability benefits; or
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means economic damages and noneconomic damages.
(5) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result of
the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic services,
loss of employment, and loss of business or employment
opportunities.
(6) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care organization, a health care provider, or an
individual working under the supervision of a health care
provider, that relate to the diagnosis, prevention, or
treatment of any human disease or impairment, or the assessment
or care of the health of human beings.
(7) Health care lawsuit.--The term ``health care
lawsuit''--
(A) means any health care liability claim affecting
interstate commerce that is brought in a State or
Federal court or pursuant to an alternative dispute
resolution system; and
(B) does not include a claim or action that is
based on criminal liability, that seeks civil fines or
penalties paid to Federal, State, or local government,
or that is grounded in antitrust.
(8) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or not
pursuant to an alternative dispute resolution system, against a
health care provider, health care organization, or the
manufacturer, distributor, supplier, marketer, promoter, or
seller of a medical product, including third-party claims,
cross-claims, counterclaims, or contribution claims, that is
based upon the provision of, use of, or payment for (or the
failure to provide, use, or pay for) health care goods or
services or any medical product, for injury or wrongful death,
regardless of the number of plaintiffs, defendants, or other
parties, or the number of causes of action.
(9) Health care organization.--The term ``health care
organization''--
(A) means any person or entity that is obligated to
provide or pay for health care goods or services under
any health insurance plan; and
(B) includes any person or entity acting under a
contract or arrangement with a health care organization
to provide or administer any healthcare goods or
services.
(10) Health care provider.--The term ``health care
provider'' means any person or entity required by State or
Federal laws or regulations to be licensed, registered, or
certified to provide health care services, or exempted from
such requirement by other law or regulation.
(11) Medical product.--
(A) In general.--The term ``medical product'' means
a drug, device, or biological product intended for
humans.
(B) Additional definitions.--For purposes of
subparagraph (A):
(i) Drug.--The term ``drug'' has the
meaning given such term in section 201(g)(1) of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1)).
(ii) Device.--The term ``device'' has the
meaning given such term in section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(h)).
(iii) Biological product.--The term
``biological product'' has the meaning given
such term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
(12) Minor.--The term ``minor'' means an individual who is
less than 18 years of age.
(13) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(14) Punitive damages.--The term ``punitive damages''--
(A) means damages awarded, for the purpose of
punishment or deterrence, and not solely for
compensatory purposes, against a health care provider,
health care organization, or a manufacturer,
distributor, or supplier of a medical product; and
(B) does not include economic damages or
noneconomic damages.
(15) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and any other territory or
possession of the United States, or any political subdivision
thereof.
SEC. 14. APPLICABILITY.
Except as otherwise provided, this Act shall apply to any health
care lawsuit brought in a Federal or State court, or subject to an
alternative dispute resolution system, that is initiated on or after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to House Judiciary
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Energy and Commerce
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