NE LB831

Establishes heightened liability protections for health care businesses in civil lawsuits alleging personal injury from ethylene oxide exposure, requiring plaintiffs to prove claims by "clear and convincing evidence" rather than the typical preponderance standard

Plaintiffs must prove four elements: the defendant was not in substantial compliance with federal regulations, was not making reasonable compliance efforts, acted with gross negligence or willful misconduct, and the conduct directly caused the plaintiff's exposure and injury

Imposes strict pleading requirements, mandating plaintiffs detail each element of their claim with particularity, specify each act of gross negligence or willful misconduct, and file statements of specific damages and factual basis for calculations

Excludes claims covered by the Nebraska Workers' Compensation Act and defines "health care business" to include entities involved in manufacturing, distributing, sterilizing, storing, and transporting medical devices

Applies retroactively to pending ethylene oxide exposure lawsuits filed before the act's effective date, as well as to all future cases