New Jersey Senate Bill S811

New Jersey 2022-2023 Regular Session

• Introduced: 1/18/22
• Refer: 1/18/22

Caption

Modifies "New Jersey Tort Claims Act" to provide for State to be strictly liable for injuries caused by State-mandated vaccines.

Impact

The implications of SB 811 within state law are significant, as it modifies the existing immunity provisions under the NJTCA, which generally protects public entities from being sued for damages related to health interventions. By introducing strict liability for certain vaccinations, the bill seeks to afford individuals the ability to seek compensation for verified vaccine injuries without facing the typical barriers of proving negligence, provided they can meet the outlined criteria. This change aims to enhance the accountability of public health policy and administration, particularly as vaccination becomes a critical component of public health strategies.

Summary

Senate Bill 811 aims to amend the New Jersey Tort Claims Act (NJTCA) by establishing that public entities will be strictly liable for injuries resulting from the administration of state-mandated vaccines. The bill stipulates that if a vaccine is mandated as a condition for attending educational institutions or during a state of emergency, and if a public employee administers that vaccine, the public entity will be held liable if the plaintiff can demonstrate that the injury was caused by the vaccine's administration. This modification highlights a shift towards greater accountability for public entities regarding vaccine-related injuries.

Contention

Notably, the bill may face contention related to fears of increasing liability on government entities, which could lead to a greater financial burden on public health systems. While proponents argue that the bill enhances consumer protections for individuals harmed by mandated vaccinations, opponents might contend that it could dissuade the implementation of aggressive public health policies, especially during health emergencies where vaccinations are a key preventive measure. The balance between public health objectives and individual rights continues to be a focal point for lawmakers as they consider the ramifications of this legislative change.