Bill > LB831

This bill establishes specific requirements and limitations for civil lawsuits, referred to as "ethylene oxide exposure actions," which are claims for personal injury caused by exposure to ethylene oxide, excluding those covered by workers' compensation. A "health care business," defined as any entity involved in the healthcare industry including medical device manufacturing, sale, sterilization, storage, and transportation, can only be held liable if the plaintiff proves by clear and convincing evidence that the business's actions were not in substantial compliance with relevant federal laws and regulations, that they weren't making reasonable efforts to comply, that their conduct was grossly negligent or willful misconduct, and that this conduct directly caused the plaintiff's exposure and resulting injury. Furthermore, plaintiffs must specifically detail each element of their claim, including the alleged acts of gross negligence or willful misconduct, and provide a detailed factual basis for the damages they are seeking, especially if the claim requires proving the defendant acted with a specific intent. These provisions are intended to be the exclusive framework for ethylene oxide exposure actions and apply to both pending and future lawsuits.

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https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=62781