Establishes a claim for strict liability against the state for any injury caused by the administration of an immunization which is mandated by a state law; gives the court of claims the power and jurisdiction to hear such a claim.
Summary
Bill S05910 aims to amend the public health law and the court of claims act to establish strict liability for injuries resulting from mandated immunizations in New York. Under this bill, the state would be held strictly liable for any injury caused by immunizations that are required by law, whether for school attendance or during a declared emergency. The bill specifies that the liability applies when the immunization is administered by a qualified health practitioner and the injury can be directly linked to the immunization process.
Impact
If enacted, this bill would significantly alter the legal landscape regarding immunization-related injuries in New York. It would create a new avenue for individuals to seek compensation for injuries sustained due to mandated vaccinations, effectively shifting liability from health practitioners to the state. This could lead to increased claims against the state and potentially impact public health policy and vaccination rates, as the state may need to reassess its immunization mandates and the associated risks.
Sentiment
The sentiment surrounding Bill S05910 appears to be mixed, with some support for the idea of holding the state accountable for mandated immunizations, while others express concerns about the implications for public health initiatives and the potential for increased litigation against the state. The lack of voting history and committee discussions makes it difficult to gauge the full spectrum of opinions on the bill.
Contention
Notable points of contention include the potential financial burden on the state due to increased claims and the implications for public health policy. Proponents argue that individuals should be compensated for vaccine-related injuries, while opponents worry that this could discourage vaccination and complicate public health efforts. Health practitioners may also be concerned about the implications for their liability in administering vaccines.
Same As
Establishes a claim for strict liability against the state for any injury caused by the administration of an immunization which is mandated by a state law; gives the court of claims the power and jurisdiction to hear such a claim.
Establishes a claim for strict liability against the state for any injury caused by the administration of an immunization which is mandated by a state law; gives the court of claims the power and jurisdiction to hear such a claim.