Senate endorses COVID-liability bill after all-night debate

The Missouri Senate has given first-round approval to a bill that would shield businesses from pandemic-related liability.

The COVID-19 liability bill passed around 5 a.m. on Feb. 3 following an all-night filibuster led by Senate Democrats. It still needs another vote before it can move to the House.

The bill is jointly sponsored by Sens. Tony Luetkemeyer, R-Parkville, and Bill White, R-Joplin, both attorneys. It would protect businesses and health care workers from personal injury lawsuits stemming from exposure to COVID-19, unless the plaintiff can show clear and convincing evidence of recklessness or willful misconduct.

The bill also would protect manufacturers of items used to combat COVID-19 from products liability suits. The protections would apply to companies that don’t make the product in the ordinary course of business, as well as those whose manufacturing process had to be modified during the emergency or whose products were used in a different fashion than normal.

Republican leaders in both chambers have named the bill one of their top priorities for the year, arguing that businesses need assurance that they can operate during the pandemic without fear of crippling litigation. 

“If these lawsuits proceed unchecked, many more businesses, many more jobs will be lost, and our health care workers who have made tremendous sacrifices for nearly a year now would be staring down the barrel of a wave of medical malpractice suits,” Luetkemeyer said on the Senate floor. “This is something Missourians cannot afford.”

Senate opponents and the Missouri Association of Trial Attorneys, however, have argued that Missouri has seen few, if any, such suits since the pandemic began, and that the bill’s protections could prevent meritorious suits.

During the all-night debate, the bill was amended multiple times. Among the changes that were adopted: 

The bill now largely exempts religious organizations from COVID liability, unless the plaintiff can prove “intentional misconduct.”

A provision that would have done away with joint and several liability for COVID-related suits was stripped out.

Language was added specifying that the bill doesn’t affect breach of contract suits involving business-interruption insurance. 

The bill is SB 51 & 42. 

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