Private right of action

(a) In general An individual subjected as a child to a covered intervention, or the parents or legal guardians of such individual, may bring a civil action in an appropriate district court of the United States for damages against any health care professional, hospital, or clinic who participates in the covered intervention on that child. Such a cause of action shall be available regardless of whether the alleged covered intervention occurred before, on, or after the date of enactment of this Act. (b) Damages Damages available pursuant to such an action may include— (1) compensatory damages, including all economic damages associated with undoing, correcting, or ameliorating the effects or results of any covered intervention; (2) non-economic damages for emotional distress and pain and suffering; and (3) punitive damages, if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently, or recklessly. (c) Strict liability Any health care professional, hospital, or clinic whose participation in a covered intervention on a child after the date of enactment of this Act is proven by clear and convincing evidence shall be strictly liable for damages for any such intervention. If a treatment qualifies under an exception specified in clauses (i) through (iii) of section 2(2)(B), and that is raised as an affirmative defense to a violation of this Act, the health care professional, hospital, or clinic shall bear the burden of proving by clear and convincing evidence that such exception applies. (d) Circumstances described The circumstances described in this subsection are that— (1) the defendant or child traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the participation in the covered intervention; (2) the defendant used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the participation in the covered intervention; (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the participation in the covered intervention using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) the defendant transmitted in interstate or foreign commerce any communication relating to or in furtherance of the participation in the covered intervention using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in any manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the covered intervention; (6) the covered intervention occurred within the District of Columbia, the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the covered intervention otherwise occurred in or affected interstate or foreign commerce.