HB0005 • 2026

Remedies and Special Proceedings

AN ACT to amend Tennessee Code Annotated, Section 29-39-102, relative to civil damage awards.

Abortion Children

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Bulso, Hensley
Last action: 2026-03-26
Official status: Sponsor(s) Added.
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on how 'catastrophic loss or injury' is defined beyond increasing the limit to $2 million, but it includes wrongful death due to illegal drug delivery methods.

Increasing Civil Damage Awards for Noneconomic Damages

This bill increases the maximum noneconomic damages award in civil lawsuits from $750,000 to $1.5 million and raises it further to $2 million if the injury is catastrophic.

What This Bill Does

Increases the maximum noneconomic damages award for all injuries from $750,000 to $1.5 million.
Raises the noneconomic damages limit to $2 million for catastrophic injuries or losses.

Who It Names or Affects

People who file civil lawsuits for injuries or losses.

Terms To Know

Noneconomic damages: Compensation for non-monetary losses such as pain, suffering, or emotional distress.
Catastrophic injury or loss: Severe injuries like spinal cord damage leading to paralysis, amputations of limbs, severe burns, and wrongful death of a parent leaving minor children.

Limits and Unknowns

The bill does not apply retroactively; it only affects actions accruing on or after July 1, 2025.
Certain professionals such as pharmacists, physicians, motor carriers, and air carriers are exempt from the new statutory damages requirement.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA0369

Amendment 1-0 to HB0005

Plain English: The amendment adds a new section to Tennessee law that imposes strict liability for sending abortion-inducing drugs into the state, allowing patients or their beneficiaries to receive up to $5 million in damages if someone sends such drugs and causes death.

Adds a new subdivision (h)(5) to Section 29-39-102 of Tennessee Code Annotated, making defendants strictly liable for sending abortion-inducing drugs into the state via courier, delivery, or mail service.
Specifies that if such actions result in wrongful death, the defendant is liable for $5 million in compensatory damages.
Exempts pharmacists, physicians, motor carriers, and air carriers from this liability.

The amendment text does not provide details on how it interacts with existing laws or regulations outside of Tennessee Code Annotated.

HA0673

Amendment 2-0 to HB0005

Plain English: The amendment adds new provisions to Tennessee law allowing for wrongful death claims when an abortion-inducing drug is sent directly to a patient in violation of certain regulations.

Adds a new subdivision (d)(5) to Section 29-39-102 of the Tennessee Code Annotated, which allows wrongful death claims if an abortion-inducing drug is delivered to a patient via courier, delivery, or mail service in violation of specific regulations.
Defines 'abortion-inducing drug' as mifepristone or misoprostol and clarifies that this subdivision does not prohibit the lawful use of these drugs by pharmacists or physicians.

The amendment text is somewhat technical, but it clearly outlines specific conditions under which wrongful death claims can be made.
It specifies exemptions for certain professionals and service providers from liability under this new provision.

HA0679

Amendment 1-1 to HB0005

Plain English: The amendment changes the date from July 1, 2025 to July 1, 2026 in a specific section of the bill.

Changes the effective date from July 1, 2025 to July 1, 2026.

The amendment only specifies changing one date and does not provide details about what the original section entails or its broader impact.

HA0680

Amendment 3-0 to HB0005

Plain English: The amendment adds a new section to Tennessee law that imposes strict liability for sending abortion-inducing drugs into the state via courier, delivery, or mail service, with specific exceptions.

Adds a new subdivision (h)(5) to Section 29-39-102 of Tennessee Code Annotated, making defendants strictly liable for sending abortion-inducing drugs into the state and causing wrongful death, with damages capped at $5 million.
Specifies exceptions to this liability for pharmacists, physicians, motor carriers or freight forwarders, and air carriers.

The amendment text does not provide details on how it interacts with existing laws beyond July 1, 2026.

HA0750

Amendment 4-0 to HB0005

Plain English: The amendment adds a new section to Tennessee law that allows for a $1 million damage award if someone sends an abortion-inducing drug into the state through delivery services and the drug causes death.

Adds a new subdivision (h)(5) to Section 29-39-102 of Tennessee Code Annotated, which sets a specific statutory damages amount of $1 million if it is proven that an abortion-inducing drug sent into the state caused someone's death.
Specifies exceptions for pharmacists, physicians, motor carriers or freight forwarders, and air carriers from this new damage award provision.

The amendment text does not provide details on how it interacts with existing laws beyond July 1, 2026, which may leave some uncertainties about its full impact.

SA0357

Amendment 1-0 to SB0419

Plain English: The amendment adds a new section to Tennessee law allowing for wrongful death claims if an abortion-inducing drug is sent directly to a patient in violation of certain regulations.

Adds a new subdivision (d)(5) to Section 29-39-102 of the Tennessee Code Annotated, which allows for wrongful death claims involving unborn children when abortion-inducing drugs are delivered directly to patients via courier, delivery, or mail service in violation of specific state laws.
Specifies that 'abortion-inducing drug' means mifepristone or misoprostol and clarifies that this subdivision does not prohibit the lawful use of these drugs by pharmacists or physicians.

The amendment text is technical, but it clearly exempts certain groups like pharmacists, physicians, motor carriers, freight forwarders, and air carriers from liability under this new law.
It's not clear how this will affect existing laws or regulations regarding abortion-inducing drugs.

Bill History

2026-04-13 Tennessee General Assembly
Placed on Senate Message Calendar for 4/15/2026
2026-04-09 Tennessee General Assembly
Sponsor(s) Added.
2026-04-09 Tennessee General Assembly
Senate Reset on calendar for 4/15/2026
2026-04-07 Tennessee General Assembly
Placed on Senate Message Calendar for 4/9/2026
2026-04-02 Tennessee General Assembly
Sponsor(s) Added.
2026-04-02 Tennessee General Assembly
Senate Reset on calendar for 4/9/2026
2026-03-31 Tennessee General Assembly
Placed on Senate Message Calendar for 4/2/2026
2026-03-30 Tennessee General Assembly
Senate Reset on calendar for 4/2/2026
2026-03-27 Tennessee General Assembly
Placed on Senate Message Calendar for 3/30/2026
2026-03-26 Tennessee General Assembly
Sponsor(s) Added.
2026-03-26 Tennessee General Assembly
Comp. SB subst.
2026-03-26 Tennessee General Assembly
Sponsor(s) withdrawn.
2026-03-26 Tennessee General Assembly
Passed H., as am., Ayes 71, Nays 23, PNV 1
2026-03-26 Tennessee General Assembly
H. adopted am. (Amendment 4 - HA0750)
2026-03-26 Tennessee General Assembly
Am. withdrawn. (Amendment 3 - HA0680)
2026-03-26 Tennessee General Assembly
Am. withdrawn. (Amendment 2 - HA0673)
2026-03-26 Tennessee General Assembly
Am. withdrawn. (Amendment 1 - HA0369)
2026-03-26 Tennessee General Assembly
Subst. for comp. HB.
2026-03-25 Tennessee General Assembly
Sponsor(s) Added.
2026-03-16 Tennessee General Assembly
H. Placed on Regular Calendar for 3/26/2026
2026-03-16 Tennessee General Assembly
Reset on cal. for 3/26/2026
2026-03-16 Tennessee General Assembly
Sponsor(s) Added.
2026-03-12 Tennessee General Assembly
H. Placed on Regular Calendar for 3/16/2026
2026-03-11 Tennessee General Assembly
Placed on cal. Calendar & Rules Committee for 3/12/2026
2026-03-11 Tennessee General Assembly
Sponsor(s) Added.
2026-03-10 Tennessee General Assembly
Rec. for pass. if am., ref. to Calendar & Rules Committee
2026-03-04 Tennessee General Assembly
Placed on cal. Health Committee for 3/10/2026
2026-03-03 Tennessee General Assembly
Action def. in Health Committee to 3/10/2026
2026-02-25 Tennessee General Assembly
Placed on cal. Health Committee for 3/3/2026
2026-02-25 Tennessee General Assembly
Sponsor(s) Added.
2026-02-17 Tennessee General Assembly
Sponsor(s) Added.
2026-02-10 Tennessee General Assembly
Action def. in Health Committee to 3/3/2026
2026-02-04 Tennessee General Assembly
Placed on cal. Health Committee for 2/10/2026
2026-02-04 Tennessee General Assembly
Sponsor(s) Added.
2026-02-03 Tennessee General Assembly
Action def. in Health Committee to 2/10/2026
2026-01-28 Tennessee General Assembly
Placed on cal. Health Committee for 2/3/2026
2026-01-23 Tennessee General Assembly
Meeting Canceled
2026-01-21 Tennessee General Assembly
Placed on cal. Health Committee for 1/27/2026
2026-01-14 Tennessee General Assembly
Sponsor(s) Added.
2025-04-10 Tennessee General Assembly
Rcvd. from S., held on H. desk.
2025-04-09 Tennessee General Assembly
Sponsor(s) Added.
2025-04-09 Tennessee General Assembly
Rec. for pass. if am., ref. to Health Committee
2025-04-09 Tennessee General Assembly
Engrossed; ready for transmission to House
2025-04-09 Tennessee General Assembly
Sponsor(s) Added.
2025-04-09 Tennessee General Assembly
Passed Senate as amended, Ayes 25, Nays 5
2025-04-09 Tennessee General Assembly
Senate adopted Amendment (Amendment 1 - SA0357)
2025-04-07 Tennessee General Assembly
Placed on Senate Regular Calendar for 4/9/2025
2025-04-02 Tennessee General Assembly
Placed on cal. Judiciary Committee for 4/9/2025
2025-04-02 Tennessee General Assembly
Action def. in Judiciary Committee to 4/9/2025
2025-04-01 Tennessee General Assembly
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 2 PNV 0
2025-03-31 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 4/1/2025
2025-03-31 Tennessee General Assembly
Action deferred in Senate Judiciary Committee to 4/1/2025
2025-03-26 Tennessee General Assembly
Placed on cal. Judiciary Committee for 4/2/2025
2025-03-26 Tennessee General Assembly
Action def. in Judiciary Committee to 4/02/2025
2025-03-26 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/31/2025
2025-03-24 Tennessee General Assembly
Action deferred in Senate Judiciary Committee to 4/1/2025
2025-03-19 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/26/2025
2025-03-19 Tennessee General Assembly
Rec for pass if am by s/c ref. to Judiciary Committee
2025-03-19 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/24/2025
2025-03-12 Tennessee General Assembly
Placed on s/c cal Civil Justice Subcommittee for 3/19/2025
2025-03-12 Tennessee General Assembly
Action Def. in s/c Civil Justice Subcommittee to 3/19/2025
2025-03-05 Tennessee General Assembly
Placed on s/c cal Civil Justice Subcommittee for 3/12/2025
2025-03-05 Tennessee General Assembly
Sponsor change.
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-01-28 Tennessee General Assembly
Assigned to s/c Civil Justice Subcommittee
2025-01-28 Tennessee General Assembly
Filed for introduction
2025-01-16 Tennessee General Assembly
Ref. to Judiciary Committee - Health Committee
2025-01-15 Tennessee General Assembly
P2C held on desk, pending appointment of Standing Committees
2025-01-14 Tennessee General Assembly
Intro., P1C.
2024-11-06 Tennessee General Assembly
Filed for introduction

Official Summary Text

DAMAGES IN CIVIL ACTIONS GENERALLY

Present law provides that, in a civil action, each injured plaintiff may be awarded (i) compensation for economic damages suffered by each injured plaintiff, and (ii) compensation for any noneconomic damages suffered by each injured plaintiff not to exce
ed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. This bill increases th
e
upper limit for noneconomic damages under this provision to $1.5 million.

NONECONOMIC DAMAGES UNDER COMPARATIVE FAULT

Present law provides that, if multiple defendants are found liable under the principle of comparative fault, then the amount of all noneconomic damages, not to exceed $750,000 for each injured plaintiff, must be apportioned among the defendants based upo
n the percentage of fault for each defendant, with certain limitations. This bill increases the upper limit for noneconomic damages under this provision to $1.5 million.

NONECONOMIC DAMAGES FOR CATASTROPHIC INJURY OR LOSS

Present law provides that, if an injury or loss is catastrophic in nature, the $750,000 amount limiting noneconomic damages, as set forth in the provisions above is increased to, but must not exceed, $1 million. As used in present law, "catastrophic los
s or injury" means (i) spinal cord injury resulting in paraplegia or quadriplegia; (ii) amputation of two hands, two feet, or one of each; (iii) third degree burns over 40% or more of the body as a whole or third degree burns up to 40% percent or more of
th
e face; or (iv) wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. This bill increases the upper limit for noneconomic damages under this provision to $2 million.

LIMITS FOR NONECONOMIC DAMAGES GENERALLY

Present law prohibits all noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, from exceedin
g in the aggregate a total of $750,000, unless catastrophic injury or loss applies, in which case the aggregate amount must not exceed $1 million. This bill increases the upper limit for noneconomic damages under this provision to match the new upper lim
it
s of $1.5 million and $2 million that are described above.

APPLICABILITY

This bill applies to actions accruing on or after July 1, 2025.

ON APRIL 9, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 419, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:



Defines, for purposes of civil damage awards, "catastrophic loss or injury" to include wrongful death of an unborn child at any stage of gestation in utero when mifepristone or misoprostol is sent directly to a patient by a defendant via courier, delivery, or mail service in violation of law.



Clarifies that this amendment does not prohibit the lawful use of mifepristone or misoprostol by a pharmacist or physician.



Clarifies that this amendment does not apply to (i) a pharmacist, (ii) a physician, (iii) a motor carrier or freight forwarder, or (iv) an air carrier.



Applies this amendment to a cause of action filed on or after July 1, 2025.

ON MARCH 26, 2026, THE HOUSE SUBSTITUTED SENATE BILL 419 FOR HOUSE BILL 5, ADOPTED AMENDMENT #4, AND PASSED SENATE BILL 419, AS AMENDED.

AMENDMENT #4 r
ewrites this bill to require, in a wrongful death action in which the defendant violated the present law prohibition against providing an abortion-inducing drug to a patient via courier, delivery, or mail service that,

if the patient, or other wrongful death beneficiary, proves by a preponderance of the evidence that the abortion-inducing drug caused the death of a person,
t
hen the court
must
award to the patient, or other wrongful death beneficiary, a judgment of $1,000,000 in statutory dama
ges against the defendant.
The mandatory award of statutory damages do
not apply to actions brought against:
a
pharmacist;
a
physician;
a
motor carrier or freight forwarder
;
or
a
n air carrier.

This amendment specifies that it
does not:

(
1
) Create a new health care liability action;

(
2
) Modify or expand the standard of care applicable to a healthcare provider;

(
3
) Establish negligence per se for a health care liability action;

(
4
) Alter an evidentiary burden;

(
5
) Affect the limitations on the amount of noneconomic damages; or

(
6
) Otherwise expand liability
.

Current Bill Text

Read the full stored bill text

SENATE BILL 419
By Hensley

HOUSE BILL 5
By Bulso

HB0005
000121
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
29-39-102, relative to civil damage awards.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 29-39-102(a)(2), is amended by
deleting "seven hundred fifty thousand dollars ($750,000)" and substituting "one million five
hundred thousand dollars ($1,500,000)".
SECTION 2. Tennessee Code Annotated, Section 29-39-102(b), is amended by
deleting "seven hundred fifty thousand dollars ($750,000)" and substituting "one million five
hundred thousand dollars ($1,500,000)".
SECTION 3. Tennessee Code Annotated, Section 29-39-102(c), is amended by
deleting "one million dollars ($1,000,000)" and substituting "two million dollars ($2,000,000)".
SECTION 4. Tennessee Code Annotated, Section 29-39-102(e), is amended by
deleting "seven hundred fifty thousand dollars ($750,000)" and substituting "one million five
hundred thousand dollars ($1,500,000)" and by deleting "one million dollars ($1,000,000)" and
substituting "two million dollars ($2,000,000)".
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to actions accruing on or after that date.