```

[Journal of the House of Representatives, 1995]
[Thursday, March 9, 1995 (41), Para 41.26 Recorded Vote]
[Pages 362-363]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.41.26  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. COX:

       Page 19 redesignate section 202 as section 203 and after 
     line 19 insert the following:

     SEC. 202. LIMITATION ON NONECONOMIC DAMAGES IN HEALTH CARE 
                   LIABILITY ACTIONS.

       (a) Maximum Award of Noneconomic Damages.--In any health 
     care liability action, in addition to actual damages or 
     punitive damages, or both, a claimant may also be awarded 
     noneconomic damages, including damages awarded to compensate 
     injured feelings, such as pain and suffering and emotional 
     distress. The maximum amount of such damages that may be 
     awarded to a claimant shall be $250,000. Such maximum amount 
     shall apply regardless of the number of parties against whom 
     the action is brought, and regardless of the number of claims 
     or actions brought with respect to the health care injury. An 
     award for future noneconomic damages shall not be discounted 
     to present value. The jury shall not be informed about the 
     limitation on noneconomic damages, but an award for 
     noneconomic damages in excess of $250,000 shall be reduced 
     either before the entry of

[[Page 363]]

     judgment or by amendment of the judgment after entry. An 
     award of damages for noneconomic losses in excess of $250,000 
     shall be reduced to $250,000 before accounting for any other 
     reduction in damages required by law. If separate awards of 
     damages for past and future noneconomic damages are rendered 
     and the combined award exceeds $250,000, the award of damages 
     for future noneconomic losses shall be reduced first.
       (b) Applicability.--Except as provided in section 401, this 
     section shall apply to any health care liability action 
     brought in any Federal or State court on any theory or 
     pursuant to any alternative dispute resolution process where 
     noneconomic damages are sought. This section does not create 
     a cause of action for noneconomic damages. This section does 
     not preempt or supersede any State or Federal law to the 
     extent that such law would further limit the award of 
     noneconomic damages. This section does not preempt any State 
     law enacted before the date of the enactment of this Act that 
     places a cap on the total liability in a health care 
     liability action.
       (d) Definitions.--As used in this section--
       (a) The term ``claimant'' means any person who asserts a 
     health care liability claim or brings a health care liability 
     action, 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 or action, and 
     any person on whose behalf such a claim is asserted or such 
     an action is brought, whether deceased, incompetent or a 
     minor.
       (b) The term ``economic loss'' has the same meaning as 
     defined at section 203(3).
       (c) The term ``health care liability action'' means a civil 
     action brought in a State or Federal court or pursuant to any 
     alternative dispute resolution process, against a health care 
     provider, and entity which is obligated to provide or pay for 
     health benefits under any health plan (including any person 
     or entity acting under a contract or arrangement to provide 
     or administer any health benefit), or the manufacturer, 
     distributor, supplier, marketer, promoter, or seller of a 
     medical product, in which the claimant alleges a claim 
     (including third party claims, cross claims, counter claims, 
     or distribution claims) based upon the provision of (or the 
     failure to provide or pay for) health care services or the 
     use of a medical product, regardless of the theory of 
     liability on which the claim is based, or the number of 
     plaintiffs, or defendants or causes of action.
       Page 17, line 10, insert ``and other'' after ``punitive''.

It was decided in the

Yeas

247

affirmative

Nays

171
```