Federal tort for harm to women caused by chemical abortion drugs

(a) Definitions In this section: (1) Covered entity The term covered entity means a person that manufactures a covered medication for introduction into interstate commerce. (2) Covered medication The term covered medication means the drug mifepristone (marketed as Mifeprex, and also known as RU–486), with an indication for the termination of intrauterine pregnancy, approved pursuant to an application submitted under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355). (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 manufactured by a covered entity. (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.