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[Journal of the House of Representatives, 1995]
[Thursday, March 9, 1995 (41), Para 41.7 Providing for the Further Consideration of H.R. 956]
[Pages 355-356]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.41.7  providing for the further consideration of h.r. 956

  Mr. LINDER, by direction of the Committee on Rules, called up the 
following resolution (H. Res. 109):

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 1(b) of rule 
     XXIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for further 
     consideration of the bill (H.R. 956) to establish legal 
     standards and procedures for product liability litigation, 
     and for other purposes. No further general debate shall be in 
     order. The bill shall be considered for amendment under the 
     five-minute rule. In lieu of the amendment recommended by the 
     Committee on the Judiciary, it shall be in order to consider 
     as an original bill for the purpose of amendment under the 
     five-minute rule an amendment in the nature of a substitute 
     consisting of the text of H.R. 1075. That amendment in the 
     nature of a substitute shall be considered as read. No 
     amendment to that amendment in the nature of a substitute 
     shall be in order except those specified in the report of the 
     Committee on Rules accompanying this resolution. Each 
     amendment may be offered only in the order specified in the 
     report, may be offered only by a Member designated in the 
     report, shall be considered as read, shall be debatable for 
     the time specified in the report equally divided and 
     controlled by the proponent and an opponent, shall not be 
     subject to amendment, and shall not be subject to a demand 
     for division of the question in the House or in the Committee 
     of the Whole. At the conclusion of consideration of the bill 
     for amendment the Committee shall rise and report the bill to 
     the House with such amendments as may have been adopted. Any 
     Member may demand a separate vote in the House on any 
     amendment adopted in the Committee of the Whole to the bill 
     or to the amendment in the nature of a substitute made in 
     order as original text. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  When said resolution was considered.
  Mr. LINDER submitted the following amendment:

       Page 2, line 11, insert the following before the period: 
     ``, provided that the amendments numbered 1 and 12 printed in 
     that report shall be considered in the forms specified in 
     section 2 of this resolution''; and
       At the end of the resolution add the following:
       Sec. 2. (a) The amendment numbered 1 in the report 
     accompanying this resolution shall be considered in the 
     following form:
       Page 7, insert after line 3 the following:
       ``(c) Notwithstanding any other provision of law, any 
     person, except a person excluded from the definition of 
     product seller, engaged in the business of renting or leasing 
     a product shall be subject to liability pursuant to 
     subsection (a) of this section, but shall not be liable to a 
     claimant for the tortious act of another solely by reason of 
     ownership of such product.''.
       (b) The amendment numbered 12 in the report accompanying 
     this resolution shall be considered in the following form:
       Page 19 redesignate section 202 as section 203 and after 
     line 19 insert the following:

[[Page 356]]

     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 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, an 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''.

  After debate,
  Mr. LINDER moved the previous question on the amendment and the 
resolution.
  The question being put, viva voce,
  Will the House now order the previous question on the amendment and 
the resolution?
  The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
  Mr. FROST objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

234

When there appeared

Nays

191
```