Federal tort for harm to women caused by abortion drugs

(a) Definition In this section, the term covered entity means a telehealth provider, pharmacy, or any other person who knowingly imports or transports a covered medication in interstate or foreign commerce in violation of section 1462 of title 18, United States Code. (b) Liability A covered entity shall be liable in accordance with this section to any individual who suffers bodily injury or harm to mental health (including any physical, psychological, emotional, or physiological harm) that is attributable, in whole or in part, to the individual’s use of a covered medication imported or transported as described in subsection (a). (c) Private right of action An individual who suffers bodily injury or harm to mental health that is attributable, in whole or in part, to the individual’s use of a covered medication as described in subsection (b) may bring a civil action against the covered entity in an appropriate district court of the United States or a State court of competent jurisdiction for— (1) compensatory damages; (2) punitive damages; and (3) attorney’s fees and costs. (d) Rules of construction Nothing in this section shall be construed to preempt any State law that makes available any other remedy to an individual described in subsection (b). (e) Effective date This section shall take effect on the date that is 90 days after the date of enactment of this Act.