House OKs bill giving immunity from virus civil suits

An Ohio House bill that would provide immunity from novel coronavirus-related civil lawsuits for businesses and health care providers has passed out of the House and awaits further consideration in the Senate.

Dubbed the

“Good Samaritan Expansion

Bill,” the legislation provides immunity for health care providers for

“the actions, omissions, decisions or compliance with government orders unless it constitutes reckless disregard for life or health of the patient.”

Businesses, individuals and families are provided immunity “for the transmission, contraction, or exposure to SARS, MERS, COVID-19 or any mutation unless they are reckless, participate in willful and wanton, or intentional misconduct.”

The immunity is set to last from March 9 (the date of the state’s COVID-19 emergency declaration) through Dec. 31, according to Rep. Diane Grendell’s office. Grendell, R-Chester Township, sponsored the legislation.

“This bill provides frontline medical professionals the protection and peace of mind necessary to ensure they can expend all their energy on fighting the COVID-19 pandemic without worrying about being sued,” Grendell said in a statement.

She said there were more than 100 proponents for the bill. They included the Ohio Council of Retail Merchants, Ohio Restaurant Association, Ohio Chamber of Commerce, Ohio Athletic Trainers Association and the Ohio Healthcare Association.

“Many businesses are scared to open their doors,” Grendell said in a statement. “They must be afforded peace and clarity of mind that they are protected from unnecessary costly civil suits.”

Ohio Chamber of Commerce Director of Labor and Legal Affairs Kevin Shimp said “all businesses need legal protections from coronavirus lawsuits in order to help Ohio’s economy recover from the coronavirus pandemic.”

Shimp said that economic uncertainty is the No. 1 issue for Ohio business owners.

“Mitigating an employer’s risk will aid Ohio’s economic comeback by removing an obstacle to reopening and an incentive for businesses to remain closed,” he said.

The County Commissioners Association of Ohio, Ohio Prosecuting Attorneys Association, Ohio Municipal League, Ohio Mayors Alliance and the Ohio Township Association jointly testified in favor of the bill’s passage.

“Our local governments officials and employees should not have to fear that their good faith conduct may place them in peril due to creative legal theories designed to negate the general immunity provisions that may be advanced through litigation,” the organizations stated.

The groups stated that lawsuits have already been filed seeking to “capitalize on the (COVID-19) pandemic.”

“Local governments should not have to use limited resources on attorney fees to defend the immunities we have from unique attacks,” the organizations stated.

A majority of those who testified for the bill during Ohio Civil Justice Committee hearings spoke in favor of the bill’s passage, but some, like the Ohio AARP, testified against the legislation.

The Ohio AARP stated, “because we believe that individuals, including those who have been injured or neglected in nursing homes and other facilities, must be able to protect their rights in courts. Broad waivers of liability such as those proposed in (the bill) create barriers to obtain redress when individuals are harmed or injured.”

The bill passed the Ohio House in an 84-9 vote. All nine who opposed the passage of the bill were Democrats. Lake County area Rep. John Rogers, D-Mentor-on-the-Lake vote in favor of the bill’s passage.

One of those nine was Parma Democrat Jeffrey Crossman who argued in a statement that the legal system “already provides sufficient leeway to business and medical providers to respond to this crisis without the fear of being sued and without eliminating constitutionally protected legal rights, as this bill does.

“By passing this bill, you will have raised the bar to get into court while simultaneously lowering the standard of acceptable safety measures,” Crossman said.

Grendell