SB 419

DAMAGES IN CIVIL ACTIONS GENERALLY Present law provides that, in a civil action, each injured plaintiff may be awarded (i) compensation for economic damages suffered by each injured plaintiff, and (ii) compensation for any noneconomic damages suffered by each injured plaintiff not to exce ed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. This bill increases th e upper limit for noneconomic damages under this provision to $1.5 million. NONECONOMIC DAMAGES UNDER COMPARATIVE FAULT Present law provides that, if multiple defendants are found liable under the principle of comparative fault, then the amount of all noneconomic damages, not to exceed $750,000 for each injured plaintiff, must be apportioned among the defendants based upo n the percentage of fault for each defendant, with certain limitations. This bill increases the upper limit for noneconomic damages under this provision to $1.5 million. NONECONOMIC DAMAGES FOR CATASTROPHIC INJURY OR LOSS Present law provides that, if an injury or loss is catastrophic in nature, the $750,000 amount limiting noneconomic damages, as set forth in the provisions above is increased to, but must not exceed, $1 million. As used in present law, "catastrophic los s or injury"" means (i) spinal cord injury resulting in paraplegia or quadriplegia; (ii) amputation of two hands, two feet, or one of each; (iii) third degree burns over 40% or more of the body as a whole or third degree burns up to 40% percent or more of th e face; or (iv) wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. This bill increases the upper limit for noneconomic damages under this provision to $2 million. LIMITS FOR NONECONOMIC DAMAGES GENERALLY Present law prohibits all noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, from exceedin g in the aggregate a total of $750, 000, unless catastrophic injury or loss applies, in which case the aggregate amount must not exceed $1 million. This bill increases the upper limit for noneconomic damages under this provision to match the new upper lim it s of $1.5 million and $2 million that are described above. APPLICABILITY This bill applies to actions accruing on or after July 1, 2025. ON APRIL 9, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 419, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:  Defines, for purposes of civil damage awards, ""catastrophic loss or injury"" to include wrongful death of an unborn child at any stage of gestation in utero when mifepristone or misoprostol is sent directly to a patient by a defendant via courier, delivery, or mail service in violation of law.  Clarifies that this amendment does not prohibit the lawful use of mifepristone or misoprostol by a pharmacist or physician.  Clarifies that this amendment does not apply to (i) a pharmacist, (ii) a physician, (iii) a motor carrier or freight forwarder, or (iv) an air carrier.  Applies this amendment to a cause of action filed on or after July 1, 2025. ON MARCH 26, 2026, THE HOUSE SUBSTITUTED SENATE BILL 419 FOR HOUSE BILL 5, ADOPTED AMENDMENT #4, AND PASSED SENATE BILL 419, AS AMENDED. AMENDMENT #4 r ewrites this bill to require, in a wrongful death action in which the defendant violated the present law prohibition against providing an abortion-inducing drug to a patient via courier, delivery, or mail service that, if the patient, or other wrongful death beneficiary, proves by a preponderance of the evidence that the abortion-inducing drug caused the death of a person, t hen the court must award to the patient, or other wrongful death beneficiary, a judgment of $1, 000, 000 in statutory dama ges against the defendant. The mandatory award of statutory damages do not apply to actions brought against: a pharmacist; a physician; a motor carrier or freight forwarder ; or a n air carrier. This amendment specifies that it does not: ( 1 ) Create a new health care liability action; ( 2 ) Modify or expand the standard of care applicable to a healthcare provider; ( 3 ) Establish negligence per se for a health care liability action; ( 4 ) Alter an evidentiary burden; ( 5 ) Affect the limitations on the amount of noneconomic damages; or ( 6 ) Otherwise expand liability ."