The American Tort Reform Association (ATRA) has issued a new white paper asserting that legislative action is needed to protect essential workers and employers from liability related to the coronavirus pandemic. While some state governors, including New York Gov. Andrew Cuomo, have issued executive orders offering limited liability protections to certain frontline workers in industries […]
The American Tort Reform Association (ATRA) has issued a new white paper asserting that legislative action is needed to protect essential workers and employers from liability related to the coronavirus pandemic.
While some state governors, including New York Gov. Andrew Cuomo, have issued executive orders offering limited liability protections to certain frontline workers in industries like manufacturing and health care, ATRA contends that such orders don’t provide sufficient protection.
“Executive orders will likely meet court challenges, as gubernatorial authority to grant liability protection is uncertain,” ATRA President Tiger Joyce said in a news release. “Legislation will provide the long-term relief necessary and is best equipped to survive potential future judicial challenges.”
The white paper argues that lawsuits concerning COVID-19 liability will take months or even years to settle and during that time, “The urgency and necessity we face today will be forgotten.”
“Health care workers, hospitals and manufacturers have quickly shifted resources to fight an unknown virus, but will face liability in the future as new information is discovered that simply is not available today,” the release stated.
ATRA’s policy prescriptions are directed at Congress and state legislatures and include limiting the liability of businesses that provide protective equipment, medical devices, drugs, or other products for used to provide health care; allowing health-care providers greater discretion to make decisions about medical care without the fear of liability; and prohibiting lawyers from suing employers on behalf of individuals who did not develop COVID-19, were asymptomatic, or experienced common flu-like symptoms.
The full white paper, “Responding to the Coming Lawsuit Surge: Policy Prescriptions for Addressing COVID-19 Tort Litigation,” can be viewed at ATRA.org.
The ATRA, started in 1986, says it is nationwide network of state-based liability-reform coalitions backed by 135,000 grassroots supporters.
