[§663E-2]  Recovery of damages.  (a) 
One or more of the following persons may bring an action to recover for damages
caused by an individual's use of an illegal drug:



(1)  A parent, legal guardian, child, spouse, or
sibling of the individual drug user;



(2)  An individual who was exposed to an illegal drug
in utero;



(3)  An employer of the individual drug user;



(4)  A medical facility, insurer, governmental entity,
employer, or other entity that funds a drug treatment program or employee
assistance program for the individual drug user or that otherwise expended
money on behalf of the individual drug user; or



(5)  A person injured as a result of the intentional,
knowing, reckless, or negligent actions of an individual drug user.



(b)  A person entitled to bring an action under
this section may seek damages from one or more of the following:



(1)  A person who knowingly distributed, or knowingly
participated in the chain of distribution of, the illegal drug that was used by
the individual drug user;



(2)  A person who knowingly participated in the
illegal drug market, but only if:



(A)  The place of illegal drug activity by the
individual drug user is within the illegal drug market target community of the
defendant;



(B)  The defendant's participation in the illegal
drug market was involved with the same type of illegal drug used by the
individual drug user; and



(C)  The defendant participated in the illegal
drug market at any time during the individual drug user’s period of illegal
drug use.



(c)  A person entitled to bring an action under
this section may recover all of the following damages:



(1)  Economic damages, including but not limited to
the cost of treatment and rehabilitation, medical expenses, loss of economic or
educational potential, loss of productivity, absenteeism, support expenses,
accidents or injury, and any other pecuniary loss associated with the illegal
drug use;



(2)  Noneconomic damages, including but not limited to
physical and emotional pain, suffering, physical impairment, emotional distress,
mental anguish, disfigurement, loss of enjoyment, loss of companionship,
services, and consortium, and other nonpecuniary losses associated with an
individual’s use of an illegal drug;



(3)  Exemplary damages;



(4)  Reasonable attorney's fees; and



(5)  Costs of suit, including but not limited to
reasonable expenses for expert testimony. [L 2004, c 44, pt of §13]