Oklahoma Employers Face Legal Consequences for Adverse Vaccine Effects
On Nov. 12th Sen. Rob Strandridge, R-Norman, filed Senate Bill 1106 the “Citizen Health Mandate Protection Act,” aimed at both public and private entities and individuals that require vaccines or other medical treatments as a condition of employment. Those employers could be liable for $1 million in punitive damages if something goes wrong with that medication or treatment.
According to the Oklahoma Senate newsletter press release, “Many Oklahomans may not know that COVID-19 vaccines have already been given liability protection from the federal government,” Standridge said. “If an employee is required to receive the vaccine or some other medical treatment as a condition of employment and it causes that person harm, our citizens need to know they’ll have some recourse that will provide them with meaningful relief. That’s what my legislation will do.
Under SB 1106, an employee can bring a claim against an employer in court for actual and punitive damages for injuries or illness caused by a vaccination or medical treatment program required as a condition of employment. If the employer knowingly required the vaccination or treatment without confirming its safety based on publicly available medical testing and documentation, upon a finding of liability after a claim, the employer will automatically be subject to $1 million in punitive damages.
The bill would apply to all private and public sector employers. An employer subject to a claim made pursuant to the Citizen Health Mandate Protection Act will not have the limitations of liability or immunity provided by the Governmental Tort Claims Act or the Public Readiness and Emergency Preparedness Act.
Standridge’s legislation will be considered when the 2022 regular session convenes in February.”
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