Bill Text: NY S05157 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes a claim for strictly liable 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S05157 Detail]

Download: New_York-2021-S05157-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5157

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 25, 2021
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law and the court of  claims  act,  in
          relation  to  establishing  strict  liability  for  injuries caused by
          required immunizations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  2113 to read as follows:
     3    § 2113. Vaccinations; liability.  1.  For  purposes  of  this  section
     4  "health  practitioner"  shall  mean  an  individual who is employed as a
     5  public employee or any other person authorized by law to  administer  an
     6  immunization to ensure compliance with the state's immunization require-
     7  ments pursuant to this chapter.
     8    2.  Notwithstanding  any  provision  of law to the contrary, the state
     9  shall be strictly liable for any injury caused by the administration  of
    10  an  immunization  that  is intended to prevent or minimize the spread of
    11  disease and to protect public health if an individual establishes that:
    12    (a) such immunization was mandated by a state law, rule or  regulation
    13  as:
    14    (i)  a condition of attendance at a public, private or parochial child
    15  caring center, day nursery, day care agency, nursery school,  elementary
    16  school,  secondary  school  or an institution of higher education at the
    17  time of the immunization's administration; or
    18    (ii) an emergency declaration issued by the commissioner or the gover-
    19  nor at the time of the immunization's administration;
    20    (b) such immunization was administered by a health practitioner; and
    21    (c) the injury was proximately caused by the  administration  of  such
    22  immunization.
    23    3. A health practitioner shall not be liable for any injury alleged to
    24  have  been sustained by an individual by reason of an act or omission in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06949-01-1
        S. 5157                             2

     1  the administering of such immunization unless  it  is  established  that
     2  such  injury  was  caused by gross negligence on the part of such health
     3  practitioner.
     4    §  2.  Section 9 of the court of claims act is amended by adding a new
     5  subdivision 14 to read as follows:
     6    14. To hear and determine a claim of any person against the state  for
     7  any  injury  caused  by  the  administration  of a required immunization
     8  pursuant to section twenty-one hundred thirteen  of  the  public  health
     9  law.
    10    §  3.  This  act  shall take effect immediately and shall apply to all
    11  immunization-related injuries sustained after, or that  are  ongoing  as
    12  of, such effective date.