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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6451
SPONSOR: DiPietro TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To make the State of New York strictly liable for damages stemming from
certain vaccine-related injuries.
SUMMARY OF PROVISIONS:
This bill allows the State to be held liable for an injury caused by the
administration of a vaccine if the plaintiff establishes that:
1) The vaccine was mandated by State law, rule, or regulation as:
i) a condition of attendance at a child care center, preschool program,
elementary or secondary school, .or institution of higher education, at
the time of the vaccine's administration; or
ii) an emergency declaration issued by the commissioner or the governor
at the time of the immunizations administration;
2) The vaccine was administered by a health practitioner
3) The injury was proximately caused by the administration of the
vaccine.
A health practitioner shall not be liable for any injury alleged to have
been sustained by an individual by reason of an act or omission in the
administering of such immunization unless it is established that such
injury was caused by gross negligence on the part of such health practi-
tioner.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION:
This bill would allow people injured due to State mandated vaccines to
hold New York State liable for their injuries. The victims of vaccine
injuries need a way to hold someone accountable for a medical treatment
mandated by law. This bill gives these victims the right to hold the.
State liable for mandating these vaccines if they can establish the
conditions under this law.
PRIOR LEGISLATIVE HISTORY:
2022: S.5157 - Referred to Health/A.7042 - Referred to Judiciary
2021: S.5157 - Referred to Health/A.7042 - Referred to Judiciary
2020: S.8032 - Referred to Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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EFFECTIVE DATE:
This bill shall take effect immediately and shall apply to all immuniza-
tion-related injuries sustained after, or that are ongoing as of, such
STATE OF NEW YORK
________________________________________________________________________
6451
2023-2024 Regular Sessions
IN ASSEMBLY
April 11, 2023
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Judiciary
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.
LBD06821-01-3
A. 6451 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.
