Historically, vaccine manufacturers have no legal liability if their product harms someone. That justified by 42 U.S. Code § 300aa–22 - Standards of responsibility. Unfortunately, as novel COVID-19 vaccines were rolled out without long term safety data to justify their efficacy, many began questioning the validity of such laws protecting companies that produced them. Additionally, the companies that made them mandatory for employment.
Senator Wendy Rogers introduced a bill to the house called SB1254 that would force employers implementing COVID-19 vaccine mandates, and other medical mandates required for work, to be held accountable for damages. Specifically for injury, disability, loss of wages, medical expenses + pain and suffering caused by any medical treatment needed for employment. Let’s go over two major parts of the bill.
First, the bill states that if harm arises within 4 months of a mandated medical procedure, it will be assumed said procedure was the cause. The result, awards would be paid in the amount 3X the damages. Considering injury may continue throughout a lifetime and may not simply end when the acute phase has resolved, 3X payment is rational.
Second, if an employer mandated medical procedure ends up leading to the death of an employee, the company is liable to the dependent. That means, the surviving partner would be awarded all benefits proposed in the bill. It should be stated, disrupting someones physical health, no less an entire families livelihood, should be grounds for punitive action. After all, one life affects another.
Notably. Senator Rogers says, “We continue to hear personal testimony from people who've received the vaccine and are now experiencing negative effects. These COVID-19 vaccines are so new, nobody really knows what the fallout is going to be on each person's individual health. Employers should be ready to face the consequences of any health problems associated with any forced medical procedures or products required of these hardworking men and women to maintain their employment".
The takeaway. Some government officials are beginning to realize the long lasting implications such a mandate could have on the public. So to protect the people, some senators are trying to shift the liability where it really belongs- on the employers. That said, if employers really want their workers vaccinated, they also need to take risk.
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