SC H4536

Creates civil liability for any person who manufactures, mails, distributes, transports, delivers, or provides abortion-inducing drugs (including mifepristone and misoprostol) for wrongful death of an unborn child or pregnant woman, or personal injuries resulting from use of such drugs

Establishes strict, absolute, and joint and several liability with a 30-year statute of limitations for bringing lawsuits; eliminates most common legal defenses including contributory negligence, assumption of risk, consent, and lack of proximate causation

Allows lawsuits by either parent of an unborn child who dies from abortion-inducing drugs, with liability apportioned among all manufacturers based on national market share if the specific manufacturer cannot be identified

Exempts from liability: the pregnant woman herself, licensed physicians treating medical emergencies, internet service providers, and drugs prescribed solely for non-abortion purposes (such as misoprostol for stomach ulcers); also excludes Plan B and other contraceptives from definition of abortion-inducing drugs

Provides statutory damages of at least $100,000 to anyone sued or subjected to judgment for bringing claims under this act, and makes attorneys who challenge abortion laws liable for the prevailing party's costs and fees