Montana House Bill HB451

Montana 2023 Regular Session

• Introduced: 2/8/23
• Refer: 2/9/23

Caption

Provide cause of action for vaccine-related injuries

Impact

The passage of HB451 would significantly alter the existing landscape of workers' compensation and liability laws in Montana. By allowing for a cause of action related to vaccine injuries, the bill may lead to an increase in lawsuits against employers and other entities that mandate vaccinations. This could result in a reevaluation of vaccine policies in workplaces and other settings, as institutions may seek to limit their exposure to legal claims. Furthermore, the amendment to Section 39-71-411 of the Montana Code Annotated redefines how liabilities are managed in the context of workplace injuries, adding a healthcare-related dimension to workers' compensation statutes.

Summary

House Bill 451 establishes a legal framework that allows individuals who suffer injuries due to vaccinations to file lawsuits against entities that required the vaccination as a condition of employment, licensing, or compensation. This bill specifically applies to entities that have received state or federal funding, creating a pathway for accountability where previously there were limited options for recourse for affected individuals. The core focus of HB451 is on empowering individuals who may have faced adverse reactions from vaccines, an increasingly relevant issue in discussions around public health and vaccine mandates.

Contention

Debate surrounding HB451 has highlighted significant points of contention, particularly regarding the implications for public health and vaccination efforts. Supporters argue that the bill fosters accountability and provides necessary protections for individuals who may experience adverse effects from vaccines. Conversely, opponents warn that this could disincentivize vaccination among certain populations and create an environment where vaccine hesitancy flourishes due to fears of litigation. The tension between individual rights and public health objectives remains at the forefront of discussions regarding this legislation.