tion, 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, in-
competent, 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 be-
half of the claimant, or any service, prod-
uct or other benefit provided or reason-
ably likely to be provided in the future to 
or on behalf of the 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, hos-
pital, dental, or income disability ben-
efits; and 
(D) any other publicly or pri-
vately funded program. 
(4) 
COMPENSATORY
DAMAGES.—The 
term ‘‘compensatory damages’’ means ob-
jectively verifiable monetary losses in-
curred 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 serv-
ices, loss of employment, and loss of busi-
ness or employment opportunities, dam-
ages for physical and emotional pain, suf-
fering, inconvenience, physical impair-
ment, 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. The term ‘‘compensatory dam-
ages’’ includes economic damages and 
noneconomic damages, as such terms are 
defined in this section. 
(5) CONTINGENT FEE.—The term ‘‘con-
tingent fee’’ includes all compensation to 
any person or persons which is payable 
only if a recovery is effected on behalf of 
one or more claimants. 
(6) 
ECONOMIC
DAMAGES.—The 
term 
‘‘economic damages’’ means objectively 
verifiable monetary losses incurred as a 
result of the provision of, use of, or pay-
ment 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 earn-
ings, cost of obtaining domestic services, 
loss of employment, and loss of business 
or employment opportunities. 
(7) HEALTH CARE LAWSUIT.—The term 
‘‘health care lawsuit’’ means any health 
care liability claim concerning the provi-
sion of health care goods or services af-
fecting 
interstate 
commerce, 
or 
any 
health care liability action concerning
the provision of health care goods or 
services affecting interstate commerce, 
brought in a State or Federal court or 
pursuant to an alternative dispute resolu-
tion system, against a health care pro-
vider, a health care organization, or the 
manufacturer, distributor, supplier, mar-
keter, promoter, or seller of a medical 
product, regardless of the theory of liabil-
ity on which the claim is based, or the 
number of claimants, plaintiffs, defend-
ants, or other parties, or the number of 
claims or causes of action, in which the 
claimant alleges a health care liability 
claim. Such term does not include a claim 
or action which is based on criminal li-
ability; which seeks civil fines or pen-
alties paid to Federal, State, or local gov-
ernment; which is grounded in antitrust; 
or in which the dispute is over the price 
of health care goods or services. 
(8) HEALTH
CARE
LIABILITY
ACTION.—
The term ‘‘health care liability action’’ 
means a civil action brought in a State or 
Federal Court or pursuant to an alter-
native dispute resolution system, against 
a health care provider, a health care or-
ganization, or the manufacturer, dis-
tributor, supplier, marketer, promoter, or 
seller of a medical product, regardless of 
the theory of liability on which the claim 
is based, or the number of plaintiffs, de-
fendants, or other parties, or the number 
of causes of action, in which the claimant 
alleges a health care liability claim. 
(9) HEALTH CARE LIABILITY CLAIM.—The 
term ‘‘health care liability claim’’ means a 
demand by any person, whether or not 
pursuant to ADR, against a health care 
provider, health care organization, or the 
manufacturer, distributor, supplier, mar-
keter, promoter, or seller of a medical 
product, including, but not limited to, 
third-party claims, cross-claims, counter-
claims, or contribution claims, which are 
based upon the provision of, use of, or 
payment for (or the failure to provide, 
use, or pay for) health care services or 
medical products, regardless of the the-
ory of liability on which the claim is
based, or the number of plaintiffs, de-
fendants, or other parties, or the number 
of causes of action. 
(10) HEALTH CARE ORGANIZATION.—The 
term ‘‘health care organization’’ means 
any person or 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 ar-
rangement with a health care organiza-
tion to provide or administer any health 
benefit. 
(11) 
HEALTH
CARE
PROVIDER.—The 
term ‘‘health care provider’’ means any 
person or entity required by State or 
Federal laws or regulations to be li-
censed, registered, or certified to provide 
health care services, and being either so 
licensed, registered, or certified, or ex-
empted from such requirement by other 
statute or regulation. 
(12) HEALTH
CARE
GOODS
OR
SERV-
ICES.—The term ‘‘health care goods or 
services’’ means any goods or services 
provided by a health care organization,