Private right of action

(a) In general An individual subjected as a child to chemical or surgical mutilation prohibited by section 3, 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 chemical or surgical mutilation of that child. Such a cause of action shall be available regardless of whether the alleged chemical or surgical mutilation 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 chemical or surgical mutilation procedures; (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 the chemical or surgical mutilation of 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 act of mutilation. If a treatment qualifies under an exception specified in clauses (i) through (iv) of section 2(1)(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.