Tag: employers

[2020] You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won’t compensate you for damages either

Tina Marie (Ms. Cat)

You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won’t compensate you for damages either

You also can’t sue the Food and Drug Administration for authorizing a vaccine for emergency use, nor can you hold your employer accountable if they mandate inoculation as a condition of employment.

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In February, Health and Human Services Secretary Alex Azar invoked the Public Readiness and Emergency Preparedness Act. The 2005 law empowers the HHS secretary to provide legal protection to companies making or distributing critical medical supplies, such as vaccines and treatments, unless there’s “willful misconduct” by the company. The protection lasts until 2024.

Can your boss make you get a COVID vaccine? Probably

Tina Marie (Ms. Cat)

Can your boss make you get a COVID vaccine? Probably

The advent of the vaccines is great news for the country. But it also creates a quandary for employers who are already navigating tricky legal issues related to COVID, such as whether they can require workers to come into the office. In the case of the vaccines, can companies force employees to get a shot?

The short answer is yes. According to Jonathan Segal, a partner at Duane Morris who specializes in employment law, the legal bar for mandatory vaccinations requires showing a “strong business necessity.” And given the nature of the pandemic, companies should be able to clear that bar.

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There is also the question of who should pay for am employee to get a COVID vaccine. According to Segal, if the coming vaccine is not free, the law does not obligate employers to pay for the cost of a mandatory shot. Nonetheless, he argues they should do so, both because it is the ethical thing to do and since it will make it easier to ensure compliance. (Meanwhile, some politicians argue the U.S. should pay Americans $1,500 to get one).

Related:

Employers start preparing for the coronavirus vaccine with a question: Can we require it?