Nevada Revised Statutes 41.1335 – Action for damages for injuries resulting from fertility fraud; award of costs and attorney’s fees to injured person; punitive damages; where violation deemed to have occurred
1. A person who has suffered an injury as a result of a violation of NRS 200.975 may bring an action for the recovery of his or her actual damages and any punitive damages which the facts may warrant if the person is or was, at the time of assisted reproduction:
Terms Used In Nevada Revised Statutes 41.1335
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Donor: The person who makes a gift.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) A patient who gave birth to a child conceived through assisted reproduction as a result of a violation of NRS 200.975;
(b) The spouse of a patient who gave birth to a child conceived through assisted reproduction as a result of a violation of NRS 200.975;
(c) A child conceived through assisted reproduction as a result of a violation of NRS 200.975; or
(d) A donor whose human reproductive material resulted in the birth of a child conceived through assisted reproduction as a result of a violation of NRS 200.975.
2. Each child born as a result of a violation of NRS 200.975 constitutes the basis for a separate cause of action.
3. A person who prevails in an action brought pursuant to subsection 1 may recover his or her actual damages, attorney’s fees and costs and any punitive damages that the facts may warrant.
4. The liability imposed by this section is in addition to any other liability imposed by law.
5. For the purposes of this section, a violation of NRS 200.975 shall be deemed to have been committed where the procedure for assisted reproduction occurred or at the principal place of business of the provider of health care.
6. As used in this section:
(a) ’Assisted reproduction’ has the meaning ascribed to it in NRS 126.510.
(b) ’Human reproductive material’ has the meaning ascribed to it in NRS 200.970.
(c) ’Provider of health care’ has the meaning ascribed to it in NRS 200.975.