Gov. Mike Parson signed legislation last week that protects businesses from frivolous COVID-19 litigation. As a result, the Missouri Chamber of Commerce and Industry asserts that employers can reopen with greater confidence in the aftermath of the coronavirus.
As previously reported, the Missouri legislature approved the COVID-19 tort relief bill, Senate Bill 51, on the last day of the legislative session May 14.
“This legislation protects businesses that are doing the right thing,” said Matthew Panik, vice-president of governmental affairs with the Missouri Chamber of Commerce and Industry. “It doesn't protect bad actors and it’s critical to have these protections in place as businesses try to get back to full capacity again.”
The new law provides tort relief for businesses facing exposure claims, health care providers in medical liability actions, and certain product liability defendants.
“Any size business in the state of Missouri and any sector of the economy would be covered by it and there's a separate section specifically for healthcare facilities,” Panik told the St. Louis Record.
Sponsored by Sen. Tony Luetkemeyer and championed by Sen. Bill White, Gov. Parson signed Senate Bill 51 at Koller Enterprises in Fenton on July 7.
"When COVID-19 first struck Missouri, health care providers, manufacturers, businesses, churches, schools, and other entities quickly altered their operations to protect public health and accommodate the needs of Missourians, and they should not be penalized for their efforts," said Gov. Parson in a statement online.
Some 800 employers and Missourians signed a letter earlier this year in support of COVID-19 liability protection to stop predatory litigation.
“We are seeing cases, unfortunately, continue to spike in some parts of Missouri with the Delta variant,” Panik said in an interview. “Vaccinations will certainly help. We are promoting vaccinations and a lot of employers are encouraging vaccinations of their employees. That does seem to help. We'll see where the summer takes us and whether the number of positive cases continues.”
As of July 10, the rate of vaccination is outpacing the number of new coronavirus cases.
Some 49,295 vaccine doses were administered in the past seven days compared to 5,794 positive cases that have been confirmed, according to the Missouri Department of Health and Human Services.
“Businesses were hit in various ways, whether it was layoffs, business drying up or supply chains drying up and COVID-related lawsuits are the last thing we want to see,” Panik said.
The law becomes effective on Aug. 28.
“The aim here is to make sure businesses and healthcare providers that are doing the right thing are protected,” Panik added. “If a business entity or healthcare provider exposes people in such a way that is so blatantly obvious, then they will still be held accountable. There's still a way for somebody to bring a lawsuit against a business entity or a healthcare provider that has exposed them. This bill is not about blanket immunity.”