Missouri lawmakers pass broad COVID lawsuit shields for businesses, medical providers

Missouri lawmakers sent broad COVID-19 liability protections for businesses, nursing homes and churches to Gov. Mike Parson’s desk at the session’s eleventh hour Friday.

The protections, which Parson said were his top priority, passed the Senate in February but had stalled in the House since March. A simpler business liability shield that the House passed was dead in the Senate, which adjourned earlier Friday in chaos. It made the bill the only chance for protections to win approval.

It was the final piece of legislation the House passed before the required 6 p.m. adjournment.

The measure was pushed hard by businesses and the Missouri Chamber of Commerce. Parson originally wanted it taken up by the General Assembly last fall during a special session, but then dropped the issue.

The bill, sponsored by Parkville Republican Sen. Tony Luetkemeyer, would protect any business from liability for the spread of COVID-19, or for medical treatment and products sold to combat the virus. A plaintiff would have to prove “recklessness or willful misconduct that caused an actual exposure” to the virus, and that the exposure caused personal injury.

The protection covers a range of possible legal actions, including workers suing their employers, consumers suing manufacturers and patients suing medical providers. It creates an “assumption of risk” for people entering businesses and other premises, and carves out protection specifically for churches.

It also would only allow such lawsuits against businesses for two years after an alleged virus exposure and one year after any alleged medical malpractice.

Proponents have said it would protect businesses and employers from “opportunistic” lawsuits during a time of economic stress. But critics say it gives businesses leeway to flout precautions and health regulations.

One sticking point for opponents was protections for nursing homes and medical practitioners. Some small business owners also testified that the protections did not go far enough, and the simpler bill that died in the Senate would have given businesses blanket immunity from lawsuits alleging someone was exposed to COVID on their premises.

“This creates blanket immunity for negligent nursing homes,” said Kansas City Democrat Wes Rogers.

The bill was defeated in a House Rules committee weeks ago as lawmakers advanced the smaller liability shield, but revived and advanced to the floor by a narrow margin overnight.

Democrats made a last-minute effort to slim down the protections, but were rebuffed.

“We did all this about, ‘the Senate can’t continue to disrespect us, the Senate can’t continue to walk down on us,’ and we’re literally carrying a Senator’s water,” said Rep. Rasheen Aldridge, a St. Louis Democrat. “

Rep. John Wiemann, an O’Fallon Republican, said the protections should have passed long ago.

“We have no other vehicles to get this done,” he said.