Employers Beware: You May Be Liable for Vaccine Mandates

Vaccine Compliance 0 Comments

Posted By: Fielden Nolan (nolanf) on 10/13/2021

- October 13, 2021

Pilots are protesting Southwest Airlines’ requirement that all employees must get COVID-19 vaccinations, and news reports speculated that mass cancelations of Southwest flights that began over the weekend were the result of pilots staging a “sickout.” But employee protests, sickouts, walk-outs, and terminations may not be the biggest threats employers face if they impose vaccine mandates.

Employers that are considering forcing their employees to get COVID-19 vaccines as a condition of employment should be aware they could face legal liability—and potentially for big money—if and when an employee or potential hire suffers death or other adverse health effects from the vaccine.

The federal government has given clear and blanket legal protection to itself and vaccine manufacturers.  However, the federal government has not given such clear and blanket protection to employers that force employees to take the vaccine.

Some legal experts and vaccine proponents argue worker compensation laws and their limited liability provisions may apply to an employee vaccination claim. The argument is that vaccine side effects are essentially the same as a workplace injury. Workers’ compensation insurance pays the actual costs of medical treatment and lost wages due to a workplace injury, but does not allow a worker to sue for pain and suffering, impacts on life functions, and other damages.

While courts of law could rule that workers’ compensation applies, or could rule that employers are immune from liability due to government pressure imposed on employers to require vaccination, that has yet to be established in the courts. Until and unless the courts grant universal legal protection for requiring vaccination, the federal government is requiring employers to take a legal risk that it’s not willing to take itself.

So long as there is any legal uncertainty regarding the topic, trial lawyers will look for opportunities to file lawsuits that could bankrupt an employer in legal fees, even if the employer prevails on the underlying claim. And if a worker prevails on an underlying claim, verdicts on damages for death or debilitating injuries could reach millions of dollars.

The case for employer legal protection becomes even more precarious when considering the mounting evidence that COVID-19 vaccines are causing more widespread and serious side-effects than initially hoped for and reported. In a recent exposé by Project Veritas, federal Health and Human Services medical staff admit there are far more people possibly dying and suffering debilitating side effects from the vaccine than the government is acknowledging. Even if vaccine proponents assert the deaths and debilitating health impacts shortly after receiving a COVID-19 vaccine are merely coincidental rather than caused by the vaccine, a jury determining liability and damages could determine otherwise.

Also, many employees can prove they have already developed COVID-19 antibodies via natural immunity or are in high-risk groups for vaccine side-effects. If a company’s vaccine policy does not allow exceptions for these cases, that may enhance liability when people in either group suffer harm as a result of an employer-mandated vaccination. Will the courts still apply blanket legal liability even in these cases? Some people may think they know the answer, but there is no clear and binding law or legal ruling yet on the subject.

Despite these legal risks and the lack of clear legal immunity, the Biden administration is counting on a proposed Occupational Safety and Health Administration (OSHA) rule to force businesses with 100 or more employees to require COVID-19 vaccination as a condition of employment.

Employers should beware, however, that the rule has yet to be enacted. Moreover, the proposed rule will certainly face credible legal challenges, including attorneys general in at least 24 states signaling they will legally challenge the OSHA rule. Reliance on a controversial proposed rule that has yet to be implemented and will likely face intense and credible legal scrutiny is a risky proposition in itself.

Mandating COVID-19 vaccinations is not as simple as it seems. Employers would be wise to consult with a practicing attorney before deciding whether or not to require employees take a COVID-19 vaccine.

   - October 21, 2021Vaccines currently are the primary mitigation strategy to combat COVID-19 around the world. For instance, the narrative related to the ongoing surge of new cases in the United States (US) is argued to be driven by areas with low vaccination rates [1]. A similar narrative also has been observed in countries, such as Germany and the United Kingdom [2]. At the same time, Israel...  READ MORE
- Fielden Nolan (nolanf),  10/21/2021 
   Preliminary data were collected from June 2006 through October 2009 on 715,000 patients, and 1.4 million doses (of 45 different vaccines) were given to 376,452 individuals. Of these doses, 35,570 possible reactions (2.6 percent of vaccinations) were identified. This is an average of 890 possible events, an average of 1.3 events per clinician, per month. These data were presented at the 2009 AMIA c...  READ MORE
- Fielden Nolan (nolanf),  09/15/2021 
   Source: have known for a while that SARS-CoV-2's distinctive "spike" proteins help the virus infect its host by latching on to healthy cells. Now, a major new study shows that they also play a key role in the disease itself.The ...  READ MORE
- Fielden Nolan (nolanf),  09/14/2021 
   - September 9, 2021 of the Effects of COVID-19 Mask Mandates on Hospital Resource Consumption and Mortality at the County LevelSteven G. Schauer, DO, MS, Jason F. Naylor, PA-C, Michael D. April, MD, PhD, Brandon M. Carius, PA-C, and Ian L. Hudson, DO, MPHAuthor information Article notes Copyright and License...  READ MORE
- Fielden Nolan (nolanf),  09/09/2021 
   Conclusion Live vaccine virus shedding is a possible source of transmission of vaccine-strain viral infection but how frequently that occurs is unknown.There is no active surveillance of live virus vaccine shedding and most vaccine strain virus infections likely remain unidentified, untested and unreported.The risks associated with exposure to someone vaccinated with one of the live attenuated vac...  READ MORE
- Fielden Nolan (nolanf),  07/30/2021 
   - July 21, 2021From: of the most intriguing symptoms of COVID-19, has been patients reporting a loss of their sense of smell. Some experts estimate that the loss of the ability to smell (anosmia) affects as many as 70% to 80% of people who catch COVID-19 and seems particularly common among those with mild disease.&nbs...  READ MORE
- Fielden Nolan (nolanf),  07/21/2021 
   - July 19, 2021FROM: new study carried out in Barcelona and published in the National Library of Medicine has confirmed that Vitamin D supplements are associated with better Covid outcomesAbstractPurpose: To analyze the associations between cholecalciferol or calcifediol supplementation, serum 25-hydroxyvitamin D (25OHD) levels and COVID-19 outc...  READ MORE
- Fielden Nolan (nolanf),  07/19/2021 
   From: Katz 1, Sijia Yue 2, Wei Xue 2Affiliations expandPMID: 33418230 PMCID: PMC7716744 DOI: 10.1016/j.nut.2020.111106Free PMC articleAbstractObjective: The 2019 coronavirus disease (COVID-19) pandemic has disproportionally affected a variety of patients with underlying risk factors suc...  READ MORE
- Fielden Nolan (nolanf),  07/12/2021 

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Children's Health Defense
Category: Legal
The Children’s Health Defense Legal Section has extensive legal resources that make aware and acquaints individuals about their legally protected rights to encourage, engage and empower individuals in a fight to preserve their fundamental human rights and on issues critical to health freedom. Updated June 21, 2021NoticesNotice for EUA MasksNotice for EUA TestingNotice for EUA VaccinesAd...  READ MORE
- Fielden Nolan (nolanf),  07/11/2021 
   From: engineered spike proteins from SARS-CoV-2 can be STOPPED by a common “weed” that is exterminated from lawns every year. A German university study found that the common dandelion (Taraxacum officinale) can block spike proteins from binding to the ACE2 cell ...  READ MORE
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