; (B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and (C) punitive damages. (3) Attorney’s fee for plaintiff The court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection. (4) Attorney’s fee for defendant If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (e) Definitions In this section the following definitions apply: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive