noneconomic losses

(2) Other definitions For purposes of this section: (A) The term “automated external defibrillator device” means a defibrillator device that— (i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 301 et seq.]; (ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; (iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and (iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. (B) (i) The term “harm” includes physical, nonphysical, economic, and noneconomic losses. (ii) The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (iii) The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.


42 USC § 238q(e)(2)

Scoping language

For purposes of this section
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