HARRISBURG – Business and health care leaders joined Pennsylvania's legal reform group Thursday to push for liability protections from the state to individuals and companies responding to the coronavirus pandemic, in order for the economy to quicken its recovery once the state re-opens.
On a media conference call, Pennsylvania Coalition for Civil Justice Reform executive director Curt Schroder said the coronavirus has created “unprecedented challenges” for health care providers, and explained that the protections from lawyers extended by Gov. Tom Wolf in a recent executive order were “limited," and not comprehensive enough.
“Once again, Pennsylvania is the outlier when it comes to offering liability protection for our businesses and health care providers. Our neighbors, New York and New Jersey, have taken strong legislative steps to enact protections for health care providers that are much more comprehensive than Gov. Tom Wolf’s executive order,” Schroder said.
“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. The legislature needs to act with urgency to provide necessary protections to prevent any delay or impediment to Pennsylvania’s economic recovery. Pennsylvanians need to focus on getting the economy going again, not the constant worry and threat of being sued.”
The business community and academic institutions are asking Congress to pass a similar measure on the federal level.
Andy Carter, President of the Hospital and Healthsystem Association of Pennsylvania, added the objective behind such protections was to stop frivolous litigation directed at health care workers who “showed determination and dedication” in responding to the pandemic, but who “can ill-afford another setback.”
“We are not seeking ridiculous provisions protecting malevolent policies, gross organizational negligence, or willful misconduct. Instead, we want the organizations that employ our health care heroes to have the same protections against frivolous lawsuits, which are untethered to the reality of providing treatment of a novel illness under an emergency declaration,” Carter said.
Doctors and other health care providers also expressed disappointment with Wolf’s executive order for immunity protection, according to Dr. Lawrence John, president of the Pennsylvania Medical Society.
“The immunity protections from the governor covered physicians only in health care settings such as hospitals, but many of our members see patients in more than one setting, like their offices. We were disappointed by the May 6 order which gave protection to doctors treating COVID-19 in some but not all circumstances. This pandemic is presenting enough challenges for the members of our community, let’s give them one less concern,” John said.
The Pennsylvania Manufacturers Association agreed.
“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. 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,” said David N. Taylor, president of the group.
“Because these manufacturers are helping the people who are helping patients, they deserve Good Samaritan protections against predatory and opportunistic lawsuits. Gov. Wolf asked these manufacturers to respond, and they have. It would be unjust to abandon them now.”
Gene Barr, President of the PA Chamber of Business and Industry, said that the state’s economy has suffered “enormous damage” as a result of the pandemic, and in addition to “targeted, temporary protection” for the business community, legislative collaboration will be needed to get it back up and running.
“At both the state and federal level, it is imperative that temporary and targeted liability reforms are put in place as soon as possible. Without them, everyone from health care 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,” Barr said.
“This will only prevent our Commonwealth from experiencing the economic resurgence we desperately need – and without it, the state may never truly financially recover. On behalf of Pennsylvania’s broad-based business community, we are urging elected officials to act without delay on passing critical liability reforms.”
Notably, Wolf’s executive order did not provide immunity for defendants accused of gross negligence, and the law reform and business leaders here agreed that no such immunity should be provided for those who have committed such negligence.
Barr specified that “bad actors” will fail to gain the safe harbor protections advocates are currently asking for.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com