RS 9:2800.12

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RS 9:2800.12

§2800.12. Liability for unlawful termination of a pregnancy

A. The mother of the unborn child shall have a right and cause of action for damages pursuant to this Section against any person or entity as provided herein who knowingly performs or substantially facilitates an abortion with the intent to achieve that result. An action pursuant to this Section shall survive for a period of five years from the date of discovery of the damage with a peremptive period of ten years from the date of the abortion.

B. For purposes of this Section:

(1)"Abortion" and "abortion-inducing drug" shall have the same meaning as provided by R.S. 14:87.1.

(2)"Substantially facilitates" means administering, prescribing, dispensing, distributing, selling, or coordinating the sale of an abortion-inducing drug to a person in this state. "Substantially facilitates" shall not include administering, prescribing, dispensing, distributing, selling, or coordinating the sale of medications for legal, therapeutic purposes under the laws of this state.

(3)"Unborn child" means the unborn offspring of human beings from the moment of conception through pregnancy and until termination of the pregnancy.

C. Except as provided in this Section, the laws governing medical malpractice or limitations of liability thereof provided in Title 40 of the Louisiana Revised Statutes of 1950 are not applicable to this Section. There shall be a rebuttable presumption that medical malpractice law pursuant to R.S. 40:1231.1 et seq. applies to any covered healthcare provider licensed to practice in Louisiana and practicing within the lawful scope of practice in accordance with law.

D. A person entitled to bring an action under this Section may recover all of the following damages:

(1)Statutory damages in the amount of not less than one hundred thousand dollars for the provision of abortion-inducing drugs when it is reasonably foreseeable that the abortion-inducing drugs will be used by or provided to a pregnant woman for the purpose of inducing an abortion.

(2)Special and general damages upon proof of injuries including but not limited to loss of consortium and emotional distress.

(3)Exemplary damages upon proof that injuries were caused by a wanton and reckless disregard for the law or safety of others through intentional acts that performed or substantially facilitated an abortion as defined by R.S. 14:87.1.

(4)Exemplary damages when the woman upon whom the abortion was knowingly performed or substantially facilitated was a minor when the defendant knew or should have known the minor's age.

(5)Court costs and reasonable attorney fees.

E. The courts shall have personal jurisdiction over any defendant sued under this Section in accordance with R.S. 13:3201.

F. Notwithstanding any other law to the contrary, an action under this Section may not be brought against the following:

(1)The woman upon whom an abortion was performed or substantially facilitated.

(2)A healthcare provider licensed to practice medicine in this state.

(3)A pharmacist or pharmacy licensed in this state and acting within the scope of regulations promulgated by the Board of Pharmacy.

G. An individual bringing an action under this Section may proceed using the initials or pseudonym of the mother of the unborn child and may seek to close any proceedings in the case or enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or substantially facilitated.

H. This Section shall be known and may be cited as the "Justice for Victims of Abortion Drug Dealers Act".

Acts 1997, No. 825, §1; Acts 2025, No. 383, §1.