Oct. 20, 2021 column published by Bloomberg Law, McGuireWoods partners
Samuel Tarry and
Davis Walsh assert that governments should provide a liability shield for businesses
that follow public health guidelines and implement COVID-19 vaccine
mandates for their workers.
“Recent court decisions highlight the ongoing risks of COVID-19 claims from
workers, consumers and even individuals who never set foot in the work
environment,” the authors wrote. “Federal mandates on the private sector
should bar these lawsuits against employers and businesses that implement
vaccine mandates or active antibody testing for their employees.”
Tarry and Walsh are partners in the firm’s Products, Environmental &
Mass Torts Litigation Department and
editors of “Infectious Disease Litigation: Science, Law, and Procedure” (American Bar Association, February 2021).
In their Bloomberg Law article, they maintain that getting more
individuals vaccinated “furthers public health, curbs the pandemic, and
helps get Americans back to work safely.”
“Barring lawsuits against businesses that enforce reasonable vaccine
mandates would further the public health goal of encouraging more
vaccinations,” they wrote. “And it would eliminate the risk of lawsuits
those businesses don’t need or deserve.