AB204: Bill Text

AB204,2,14 2. An individual who was exposed to a controlled substance or controlled substance analog in utero as the result of the mother's use of an illegally marketed controlled substance or controlled substance analog.

AB204,2,16 3. An employer of the individual who used an illegally marketed controlled substance or controlled substance analog.

AB204,2,20 4. Any medical facility or insurer, or any nonpublic agency or organization that funds a drug treatment program or employe assistance program or that expended money for the individual who used an illegally marketed controlled substance or controlled substance analog.

AB204,3,4 5. A person injured as the result of the wilful, reckless or negligent action of the individual while the individual was using an illegally marketed controlled substance or controlled substance analog if that injury was caused by the use of an illegally marketed controlled substance or controlled substance analog.

AB204,3,6 (b) A person entitled to bring an action under this subsection may bring the action for damages against any of the following:

AB204,3,8 1. A person who delivered or distributed the controlled substance or controlled substance analog to the individual, in violation of s. 961.41.

AB204,3,10 2. A person who illegally marketed a controlled substance or controlled substance analog, if all of the following conditions are met:

AB204,3,12 a. The person illegally marketed the same kind of controlled substance or controlled substance analog as that used by the individual.

AB204,3,14 b. The illegal marketing occurred in the same county as the individual's use of an illegally marketed controlled substance or controlled substance analog.

AB204,3,17 c. The illegal marketing occurred during any period of time that the individual used the same kind of illegally marketed controlled substance or controlled substance analog.

AB204,3,21 d. The person who illegally marketed the same kind of controlled substance or controlled substance analog was previously convicted of illegally marketing the same kind of controlled substance or controlled substance analog as that used by the individual.

AB204,3,24 e. The violation that resulted in a conviction under subd. 2. d. occurred in the same county as the individual's use of an illegally marketed controlled substance or controlled substance analog.

AB204,4,2 (c) A person entitled to bring an action under this subsection may recover the following damages:

AB204,4,5 1. Economic damages, including the cost of treatment, rehabilitation and medical expenses, the loss of economic and educational potential and the loss of productivity.

AB204,4,6 2. Noneconomic damages, as defined in s. 893.55 (4) (a).

AB204,4,7 3. Punitive damages.

AB204,4,8 4. Notwithstanding s. 814.04 (1), reasonable attorney fees.

AB204,4,10 5. The costs of bringing the action, including the reasonable costs of expert testimony.

AB204,4,13 (3) (a) An individual who used an illegally marketed controlled substance or controlled substance analog may bring and maintain a civil action for damages resulting from that use if all of the following apply:

AB204,4,16 1. The individual personally discloses to law enforcement authorities all of the information he or she knows regarding his or her sources of illegally marketed controlled substances or controlled substance analogs.

AB204,4,19 2. The individual does not use an illegally marketed controlled substance or controlled substance analog for the 30 days immediately preceding commencement of the action.

AB204,4,21 3. The individual does not use an illegally marketed controlled substance or controlled substance analog for the period that the action is pending.

AB204,4,24 (b) An individual entitled to bring an action under this subsection may bring a civil action for damages only against a person who illegally marketed the controlled substance or controlled substance analog used by the individual.

AB204,5,2 (c) An individual entitled to bring an action under this subsection may recover the following damages:

AB204,5,5 1. Economic damages, including the cost of treatment, rehabilitation and medical expenses, the loss of economic and educational potential and the loss of productivity.

AB204,5,6 2. Notwithstanding s. 814.04 (1), reasonable attorney fees.

AB204,5,8 3. The costs of bringing the action, including the reasonable costs of expert testimony.

AB204,5,11 (d) If an individual dies as the result of the use of an illegally marketed controlled substance or controlled substance analog, the procedures under s. 895.04 shall be followed regarding recovery for the wrongful death of the individual.

AB204,5,15 (4) (a) Two or more persons may join as plaintiffs in an action under sub. (2) if they have at least one defendant in common and if any period of the individual's use of an illegally marketed controlled substance or controlled substance analog related to each plaintiff's damages overlaps.

AB204,5,17 (b) Two or more persons may be joined as defendants in an action under this section if those persons are liable under this section to at least one plaintiff.

AB204,5,19 (c) A plaintiff need not participate in obtaining all the relief demanded when more than one plaintiff is joined in an action under sub. (2).

AB204,5,21 (d) A defendant need not participate in defending against all the relief demanded when more than one defendant is joined in an action under this section.

AB204,6,2 (5) The court shall stay an action commenced under this section if a governmental agency involved in an investigation or prosecution involving the alleged violation of s. 961.41 petitions the court for such a stay. The court shall lift the stay when the governmental agency notifies the court that the investigation or prosecution is completed.

AB204,6,3 (End)