H. Res. 109
In the House of Representatives, U. S.,
March 9, 1995.
Resolved, That at any time after the adoption of this res-
olution 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 consider-
ation of the bill (H.R. 956) to establish legal standards and
procedures for product liability litigation, and for other pur-
poses. 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 Commit-
tee 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 con-
sisting of the text of H.R. 1075. That amendment in the na-
ture of a substitute shall be considered as read. No amend-
ment to that amendment in the nature of a substitute shall
be in order except those specified in the report of the Com-
mittee on Rules accompanying this resolution, provided that
the amendments numbered 1 and 12 printed in that report
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shall be considered in the forms specified in section 2 of this
resolution. Each amendment may be offered only in the order
specified in the report, may be offered only by a Member des-
ignated in the report, shall be considered as read, shall be de-
batable 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 de-
mand 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 mo-
tion except one motion to recommit with or without instruc-
tions.
SEC. 2. (a) The amendment numbered 1 in the report
accompanying this resolution shall be considered in the fol-
lowing 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 prod-
uct seller, engaged in the business of renting or leasing a
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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 accom-
panying this resolution shall be considered in the following
form:
(1) 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 dam-
ages 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 dam-
ages 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
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of $250,000 shall be reduced either before the entry of judg-
ment or by amendment of the judgement after entry. An
award of damages for noneconomic losses in exess 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 re-
duced 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 pur-
suant to any alternative dispute resolution process where non-
economic 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 ex-
tent that such law would further limit the award of non-
economic 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.
‘‘(c) DEFINITIONS.—As used in this section—
‘‘(1) The term ‘claimant’ means any person who as-
serts a health care liability claim or brings a health care
liability action, including a person who asserts or claims
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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 de-
ceased, incompetent or a minor.
‘‘(2) The term ‘economic loss’ has the same mean-
ing as defined at section 203(3).
‘‘(3) The term ‘health care liability action’ means a
civil action brought in a State or Federal court or pursu-
ant 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 ben-
efit), or the manufacturer, distributor, supplier, mar-
keter, 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.’’.
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(2) Page 17, line 10, insert ‘‘AND OTHER’’ after
‘‘PUNITIVE’’.
Attest:
Clerk.