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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 831
Introduced by Hallstrom, 1.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil actions; to provide limitations and1
requirements for civil actions relating to exposure to ethylene2
oxide; and to define terms. 3
Be it enacted by the people of the State of Nebraska,4
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Section 1. For purposes of sections 1 to 5 of this act:1
(1) Conduct refers to acts of commission and omission;2
(2)(a) Ethylene oxide exposure action means a civil action seeking3
damages for personal injury caused by the exposure of an individual to4
ethylene oxide. 5
(b) Ethylene oxide exposure action does not include any claim6
covered by the Nebraska Workers' Compensation Act; and7
(3) Health care business means a person engaged in business in the8
health care industry, including the manufacturing, sale and distribution,9
sterilization, storage, and transportation of medical devices.10
Sec. 2. A health care business shall not be liable for damages in11
an ethylene oxide exposure action unless the plaintiff proves by clear12
and convincing evidence that: 13
(1) The conduct of the health care business giving rise to the14
action was not in substantial compliance with relevant federal laws and15
regulations; 16
(2) At the time of such conduct, the health care business was not17
making reasonable efforts, in light of all the circumstances, to maintain18
substantial compliance with such federal laws and regulations;19
(3) Such conduct amounted to gross negligence or willful misconduct;20
and 21
(4) Such conduct directly and proximately resulted in the22
plaintiff's exposure to ethylene oxide and directly and proximately23
caused personal injury to the plaintiff. 24
Sec. 3. (1) In any ethylene oxide exposure action, the plaintiff25
shall plead with particularity: 26
(a) Each element of the plaintiff's claim; and27
(b) Each alleged act or omission constituting gross negligence or28
willful misconduct that resulted in personal injury caused by exposure to29
ethylene oxide. 30
(2) In any ethylene oxide exposure action, the plaintiff shall file31
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with the complaint a statement of specific information as to the nature1
and amount of each element of damages claimed and the factual basis for2
the damages calculation. 3
(3) In any ethylene oxide exposure action in which a claim is4
asserted on which the plaintiff may prevail only on proof that the5
defendant acted with a particular state of mind, there shall be filed6
with the complaint, with respect to each element of that claim, a7
statement of the facts giving rise to a strong inference that the8
defendant acted with the required state of mind. 9
Sec. 4. (1) Sections 1 to 5 of this act constitute an exclusive10
cause of action for ethylene oxide exposure actions.11
(2) A plaintiff may prevail in an ethylene oxide exposure action12
only in accordance with the requirements of sections 1 to 5 of this act.13
Sec. 5. Sections 1 to 5 of this act shall apply to:14
(1) An ethylene oxide exposure action that was filed before the15
effective date of this act and that is pending on such date; and16
(2) Any ethylene oxide exposure action filed on or after the17
effective date of this act. 18
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