Pennsylvania business and healthcare leaders, along with the Pennsylvania Coalition for Civil Justice Reform, called on Gov. Tom Wolf and the state legislature Thursday to implement liability protections for businesses and healthcare providers to help safely and effectively restart the economy.
The group argues that safe harbor protections are necessary for continued access to care and services without being impeded by lawsuits.
On May 6, Wolf announced an executive order granting civil immunity to certain healthcare practitioners for good faith actions taken in response to the COVID-19 pandemic. The move was immediately criticized by business groups stating that the protections included in the order did not extend far enough.
“No protection is provided at all in the executive order for businesses meeting the unprecedented demand for Personal Protective Equipment, nor are businesses protected as they re-open in the face of the continuing pandemic,” said Curt Schroder, executive director of the Pennsylvania Coalition for Civil Justice Reform.
“The legislature needs to act with urgency to provide necessary protections to prevent any delay or impediment to Pennsylvania’s economic recovery,” Schroder said. “Pennsylvanians need to focus on getting the economy going again, not the constant worry and threat of being sued.”
David N. Taylor, president and CEO of the Pennsylvania Manufacturers’ Association, continued the argument, stating that businesses and manufacturers that altered operations under the COVID-19 emergency declaration need to be adequately protected.
“Manufacturers have answered the Governor’s call to retool so they can provide the essential gear our front-line health care workers need to fight the pandemic: masks, surgical gowns, face shields, antibacterial sanitizer, and ventilators,” Taylor said. “Through the DCED portal and elsewhere, these Pennsylvania manufacturers have taken on the risk of making an unfamiliar product or accelerating the production of an existing product line. Because these manufacturers are helping the people who are helping patients, they deserve Good Samaritan protections against predatory and opportunistic lawsuits.”
A recent poll conducted by the U.S. Chamber Institute for Legal Reform found that the majority of the American public believe employers must have liability protections from COVID-19 related lawsuits as post-pandemic plans are realized.
Pennsylvania’s economy has taken a major hit as a result of the COVID-19 pandemic and businesses face many challenges as they work to reopen and to financially recover from the shutdown, making liability reform all the more important.
“At both the state and federal level, it’s imperative that temporary and targeted liability reforms are put in place as soon as possible,” Gene Barr, president of the PA Chamber of Business and Industry, said. “Without them, everyone from healthcare providers to those working to keep our supply chains going to small businesses that are already struggling just to keep their doors open will be held back even more with the looming threat of frivolous lawsuits.”
And meanwhile, New Jersey and New York have taken legislative action to enact protections for health care providers that are stronger than in Pennsylvania.
Dr. Lawrence John, president of the Pennsylvania Medical Society, added that the governor’s executive order granted physicians medical liability immunity only in certain situations, failing to take into account that COVID-19 infections are also being treated in outpatient settings.