Gov. Mike Parson asked the Missouri Legislature to consider COVID-19 liability protections during the ongoing extraordinary session, the Republican chief executive reversed course.
By Ray Salva
Parson has asked Senate leadership to remove the COVID liability protection bill from the special session called to appropriate federal coronavirus relief funds.
The Missouri Senate Government Reform Committee held a hearing during emergency session on Senate Bill One. The Bill purports to modify provisions of Missouri statute related to civil actions in three areas: (1) liability of health care providers during a state of emergency, (2) products liability, and (3) premises liability. For each, the Bill essentially provides blanket immunity to healthcare providers, medical supply manufacturers, and premises owners for civil actions which may arise from Covid-19 transmission. Under the proposed language of the Bill, prospective plaintiffs would be required to show by clear and convincing evidence that a healthcare provider, nursing home, PPE manufacturer, meat packing plant, etc., intentionally caused the plaintiff’s Covid-19 infection to prevail in court. In other words, the Bill creates an impossible-to-meet standard where protected entities could not be sued for their negligence.
The proponents of the Bill argued that immunity was necessary otherwise hospitals, restaurants, and other businesses would go out of business from having to defend an onslaught of lawsuits brought by plaintiffs who contracted Covid-19 in their establishments. This, despite the fact that no Covid-19 personal injury lawsuits have been filed in Missouri since the pandemic began; and the premises owners’ prospects of defending a tsunami of new lawsuits is remote, since nailing down the cause of transmission is so difficult.
Opponents, including the Missouri Association of Trial Attorneys pointed out that blanket immunity discourages regulatory compliance – i.e., a manufacturer or premises owner would have no incentive to exercise ordinary care in following OSHA, CDC, and Missouri Department of Health rules and guidelines to prevent the spread of the virus. Blanket immunity would also result in protections for foreign (Chinese) manufacturers of PPE while barring first responders from bringing suit when the PPE is defective. This scenario is a real issue as tens of thousands of defective masks manufactured in China were recalled from Kansas City firefighters and police officers earlier this year. https://www.kansascity.com/news/politics-government/article242324406.html
I testified on behalf of our union clients, IAFF Local 42 and UFCW Local 2 and urged the Committee to consider the individual workers and their families who would be affected by this legislation. Most Covid-19 related cases that we handle involve individuals contracting the virus at work, then potentially carrying it back home to their families. Under the Bill, those family members who contract the virus and get sick or die, would essentially be barred from suit against the employer. As to Local 42 firefighters, they are covered under workers’ compensation for Covid-19 infections because the Governor issued an Executive Order earlier this year stating that all first responders with Covid-19 are presumed to have contracted it at work. The EO expires in March, so I urged the Committee codify and make permanent the Governor’s Order. Surprisingly, the Committee seemed amenable to the idea. I will be following up with letters to the individual Committee members.
Finally, during the hearing, the Missouri Times reported that Governor Mike Parsons unexpectedly requested that the legislature stay further action on the Bill. Despite the news, the Committee continued taking testimony because the Bill is scheduled be taken up during the Regular Session beginning in January. https://themissouritimes.com/parson-reverses-on-covid-liability-protections-asks-lawmakers-to-consider-during-regular-session/
According to sources at the Capital, a competing, more oppressive House Bill is under consideration.