I
107TH CONGRESS
1ST SESSION
H. R. 1639
To establish limits on medical malpractice claims, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 26, 2001
Mr. TOMMEY (for himself and Mr. SCHAFFER) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish limits on medical malpractice claims, and for
other purposes.
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 ‘‘Common Sense Med-
ical Malpractice Reform Act of 2001’’.
SEC. 2. FEDERAL REFORM OF HEALTH CARE LIABILITY
ACTIONS.
(a) APPLICABILITY.—This Act shall apply with re-
spect to any health care liability action brought in any
State or Federal court and to any health care liability
claim subject to an ADR, except that this Act shall not
apply to an action for damages arising from a vaccine-
related injury or death to the extent that title XXI of the
Public Health Service Act applies to the action.
(b) PREEMPTION.—
(1) IN GENERAL.—This Act shall amend chap-
ter 171 of title 28, United States Code, (relating to
tort claims procedure) and preempt any State law to
the extent that such State law is inconsistent with
the limitations in this Act.
(2) STRONGER STATE LAWS.—This Act shall
not preempt any State law that provides for defenses
or places limitations on a person’s liability in addi-
tion to those contained in this Act or otherwise im-
poses greater restrictions on liability or damages
than those provided in this Act.
No provision of this Act shall be construed to preempt or
displace the implementation of any State sponsored or pri-
vate ADR system.
(c) LIMITATIONS.—This Act supersedes chapter 171
of title 28, United States Code (relating to tort claims pro-
cedure) and preempts State law with respect to both pro-
cedural and substantive matters only to the extent that
such chapter or State law differs from any provision of
this Act or provision established under this Act. Section
5 shall supersede or preempt any provision of such chapter
or State law which prohibits the introduction of evidence
regarding collateral source benefits or mandates or per-
mits subrogation or a lien on the plaintiff’s award for the
cost of providing collateral source benefits. Any issue that
is not governed by any provision of this Act shall be gov-
erned by otherwise applicable Federal or State law.
(d) EFFECT ON SOVEREIGN IMMUNITY AND CHOICE
OF LAW OR VENUE.—Nothing in subsection (c) shall be
construed to—
(1) waive or affect any defense of sovereign im-
munity asserted by any State under any provision of
law;
(2) waive or affect any defense of sovereign im-
munity asserted by the United States;
(3) affect the applicability of any provision of
the Foreign Sovereign Immunities Act of 1976;
(4) preempt State choice-of-law rules with re-
spect to claims brought by a foreign nation or a cit-
izen of a foreign nation; or
(5) affect the right of any court to transfer
venue or to apply the law of a foreign nation or to
dismiss a claim of a foreign nation or of a citizen
of a foreign nation on the ground of inconvenient
forum.
(e) AMOUNT
IN CONTROVERSY.—In an action to
which this Act applies and which is brought under section
1332 of title 28, United States Code, the amount of non-
economic damages or punitive damages, and attorneys’
fees or costs, shall not be included in determining whether
the matter in controversy exceeds the sum or value of
$75,000.
(f) FEDERAL COURT JURISDICTION NOT ESTAB-
LISHED ON FEDERAL QUESTION GROUNDS.—Nothing in
this Act shall be construed to establish any jurisdiction
in the district courts of the United States over health care
liability actions on the basis of section 1331 or 1337 of
title 28, United States Code.
SEC. 3. STATUTE OF LIMITATIONS.
A health care liability action may not be brought
after the expiration of the 1-year period that begins on
the date on which the alleged injury that is the subject
of the action was discovered or should reasonably have
been discovered, but in no case after the expiration of the
3-year period that begins on the date the alleged injury
occurred.
SEC. 4. CALCULATION AND PAYMENT OF DAMAGES.
(a) TREATMENT OF NONECONOMIC DAMAGES.—In
any health care liability claim or action, the amount of
noneconomic damages shall not exceed $250,000, regard-
less of the number of parties against whom the action is
brought or the number of claims or actions brought with
respect to the injury.
(b) JOINT AND SEVERAL LIABILITY.—In any health
care liability action, a defendant shall be liable only for
the amount of noneconomic damages attributable to such
defendant in direct proportion to such defendant’s share
of fault or responsibility for the claimant’s actual dam-
ages, as determined by the trier of fact. In all such cases,
the liability of a defendant for noneconomic damages shall
be several and not joint.
(c) TREATMENT OF PUNITIVE DAMAGES.—
(1) GENERAL RULE.—Punitive damages may,
to the extent permitted by applicable State law, be
awarded in any health care liability action for harm
in any Federal or State court against a defendant if
the claimant establishes by clear and convincing evi-
dence that the harm suffered was the result of
conduct—
(A) specifically intended to cause harm, or
(B) manifesting a conscious, flagrant indif-
ference to the rights or safety of others.
(2) AMOUNT.—In no event shall the amount of
punitive damages awarded exceed two times the
amount of compensatory damages awarded or
$250,000, whichever is greater. The jury shall not
be informed of this limitation.
(3) 
APPLICABILITY.—This 
subsection 
shall
apply to any health care liability action brought in
any Federal or State court on any theory where pu-
nitive damages are sought. This subsection does not
create a cause of action for punitive damages. This
subsection does not preempt or supersede any State
or Federal law to the extent that such law would
further limit the award of punitive damages.
(4) BIFURCATION.—At the request of any
party, the trier of fact shall consider in a separate
proceeding whether punitive damages are to be
awarded and the amount of such award. If a sepa-
rate proceeding is requested, evidence relevant only
to the claim of punitive damages, as determined by
applicable State law, shall be inadmissible in any
proceeding to determine whether actual damages are
to be awarded.
(5) DRUGS AND DEVICES—
(A) IN
GENERAL.—(i) Punitive damages
shall not be awarded against a manufacturer or