I 
109TH CONGRESS 
2D SESSION 
H. R. 6246 
To reduce the excessive burden the liability system places on the health 
care delivery system by establishing new rules for lawsuits related to 
health care provided pursuant to a Federal program. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2006 
Mr. PAUL introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To reduce the excessive burden the liability system places 
on the health care delivery system by establishing new 
rules for lawsuits related to health care provided pursu-
ant to a Federal program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Physicians and Tax-
payers Protection from Frivolous Litigation Act of 2006’’. 
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SEC. 2. APPLICABILITY. 
(a) APPLICABILITY IN FEDERAL COURTS.—This Act 
applies to any health care lawsuit that is brought in, or 
removed to, a Federal court. 
(b) REMOVAL.—Any health care lawsuit that is 
brought in a State court may be removed to the appro-
priate United States district court pursuant to chapter 89 
of title 28, United States Code, without regard to the 
amount in controversy. 
(c) JURISDICTION.—The United States district 
courts shall have jurisdiction of any health care lawsuit. 
SEC. 3. ATTORNEY ACCOUNTABILITY. 
Notwithstanding Rule 11(c) of the Federal Rules of 
Civil Procedure, if a pleading, motion, or other paper re-
lated to a health care lawsuit is signed in violation of Rule 
11(b) of the Federal Rules of Civil Procedure, the court, 
upon motion or its own initiative, shall impose upon the 
attorney, law firm, or parties that have violated this rule 
or are responsible for the violation, an appropriate sanc-
tion, which shall include an order to pay the other party 
or parties for the reasonable expenses incurred as a direct 
result of the filing of the pleading, motion, or other paper, 
that is the subject of the violation, including a reasonable 
attorney’s fee. 
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SEC. 4. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS. 
(a) IN GENERAL.—Subject to subsection (b), a health 
care lawsuit may not be commenced in a Federal court 
more than 3 years after the date of the alleged manifesta-
tion of injury or more than 1 year after the claimant dis-
covers, or through the use of reasonable diligence should 
have discovered, the injury, whichever occurs first. The 
time limitation in the preceding sentence may be tolled 
only— 
(1) upon proof of fraud; 
(2) because of intentional concealment; or 
(3) because of the presence of a foreign body, 
which has no therapeutic or diagnostic purpose or 
effect, in the person of the injured person. 
(b) ACTIONS ON BEHALF OF MINORS.— 
(1) IN
GENERAL.—A health care lawsuit in 
which the injured party is a minor may not be com-
menced in a Federal court more than 3 years after 
the date of the alleged manifestation of injury, ex-
cept that if the minor is under 6 years of age, the 
lawsuit may not be commenced— 
(A) more than 3 years after the date of the 
alleged manifestation of injury, or 
(B) after the minor’s 8th birthday, 
whichever occurs later. 
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(2) TOLLING.—The time limitation under para-
graph (1) shall be tolled for any period during which 
a parent or guardian of the minor or a health care 
provider or health care organization committed 
fraud or collusion in the failure to bring an action 
on behalf of the injured minor. 
SEC. 5. COMPENSATING PATIENT INJURY. 
(a) UNLIMITED AMOUNT OF DAMAGES FOR ACTUAL 
ECONOMIC LOSSES IN HEALTH CARE LAWSUITS.—In any 
health care lawsuit, nothing in this Act shall limit a claim-
ant’s recovery of the full amount of the available economic 
damages, notwithstanding the limitation in subsection (b). 
(b) ADDITIONAL NONECONOMIC DAMAGES.—In any 
health care lawsuit, the amount of noneconomic damages, 
if available, may not exceed $250,000, regardless of the 
number of parties against whom the action is brought or 
the number of separate claims or actions brought with re-
spect to the same injury. 
(c) NO DISCOUNT OF AWARD FOR NONECONOMIC 
DAMAGES.—For purposes of applying the limitation in 
subsection (b), future noneconomic damages shall not be 
discounted to present value. The jury shall not be in-
formed about the maximum award for noneconomic dam-
ages. An award for noneconomic damages in excess of 
$250,000 shall be reduced either before the entry of judg-
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ment, or by amendment of the judgment after entry of 
judgment, and such reduction shall be made before ac-
counting for any other reduction in damages required by 
law. If separate awards are rendered for past and future 
noneconomic damages and the combined awards exceed 
$250,000, the future noneconomic damages shall be re-
duced first. 
(d) FAIR SHARE RULE.—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. Each party shall be liable only for the amount of 
damages allocated to that party in direct proportion to 
that party’s percentage of responsibility. Whenever a judg-
ment of liability is rendered as to any party, a separate 
judgment shall be rendered against each such party for 
the amount allocated to that party. For purposes of this 
subsection, the trier of fact shall determine the proportion 
of responsibility of each party for the claimant’s harm. 
SEC. 6. ADDITIONAL HEALTH BENEFITS. 
(a) IN GENERAL.—In any health care lawsuit involv-
ing injury or wrongful death, any party may introduce evi-
dence of collateral source benefits. If a party elects to in-
troduce such evidence, any opposing party may introduce 
evidence of any amount paid or contributed or reasonably 
likely to be paid or contributed in the future by or on be-
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