This bill establishes specific limitations and requirements for civil actions related to exposure to ethylene oxide in Nebraska. It defines key terms such as "conduct," "ethylene oxide exposure action," and "health care business." The bill stipulates that a health care business can only be held liable for damages in an ethylene oxide exposure action if the plaintiff can provide clear and convincing evidence of gross negligence or willful misconduct, along with a failure to comply with relevant federal laws and regulations. Additionally, the plaintiff must plead with particularity regarding the elements of their claim and provide detailed information about the damages sought.
Furthermore, the bill asserts that the provisions outlined in sections 1 to 5 create an exclusive cause of action for ethylene oxide exposure claims, meaning plaintiffs can only succeed in their actions by adhering to these specific requirements. The bill also clarifies that it applies to both pending and future ethylene oxide exposure actions, ensuring that all such claims are governed by the new legal framework established by this legislation.