HB 3324
Provides that a health care facility is not a manufacturer, distributor, seller or lessor of a product for purposes of a product liability civil action if the health care facility was not involved in the design or manufacture of the product.
Jurisdiction
Oregon
Session
2025 Regular Session
Committee
Behavioral Health and Health Care
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Sign in to take actionPublic sentiment
Support
83%
Oppose
17%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies that a health care facility is generally not considered a manufacturer, distributor, seller, or lessor of a product in product liability lawsuits. It specifically states that a facility is not liable if it was not involved in the design or manufacture of the product provided to a patient as part of a medical procedure. This aims to limit potential lawsuits against healthcare providers.
Key provisions
- Health care facilities are excluded from product liability claims if they did not design or manufacture the product.
- The law applies to products provided to patients as part of a medical procedure.
- The bill amends Oregon Revised Statute (ORS) 30.902 to reflect this exclusion.
- Claims filed before the bill's effective date are not affected.
- A ‘final judgment’ that has expired without appeal is also not affected.
- The bill clarifies that the exclusion applies to manufacturers, distributors, sellers, and lessors.
Who is affected
- Health care facilities
- Patients
- Product liability lawyers
- Manufacturers of medical products
- Oregon State Legislature
Notable changes
- Clarifies the scope of liability for health care facilities in product liability cases.
- Adds a specific exception for products provided as part of a medical procedure.
Sponsors
Official sponsors from legislative records.
Primary sponsors
Arguments in favor
Reasons to support this legislation.
Testifiers generally support House Bill 3324 with an amendment, citing concerns about strict liability that could lead to fewer independent and physician-owned medical clinics. They argue that current laws hold hospitals accountable for drugs and devices used in patient care, but recent court rulings have expanded this scope, threatening the healthcare system. In response, proponents advocate for shifting liability to manufacturers, as seen in House Bill 33274, which clarifies hospital liability under Oregon's product liability statutes. Additionally, testifiers welcome the amendment to include medical clinics, recognizing the need to protect these facilities from potential lawsuits and ensure continued access to essential healthcare services.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of the bill express concerns that it would compromise access to justice for individuals harmed by defective medical products, potentially leaving them without recourse or compensation. They argue that the proposed immunity provisions would shield healthcare facilities from liability, undermining the ability of patients and their families to seek accountability and hold institutions accountable for harm caused by substandard care. This opposition is rooted in the belief that the bill's safeguards against liability are insufficient, putting vulnerable populations at risk and potentially discouraging the reporting of adverse events.