Bill > S384

Introduced Session

This bill would make the State strictly liable for damages stemming from certain vaccine-related injuries. The "New Jersey Tort Claims Act" (NJTCA) provides that the public entities and public employees are to be generally immune from civil liability in tort actions. "Public entity" is defined to include the State and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State. The NJTCA specifically immunizes all public entities and public employees from liability for any injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community. The Act further specifies that no public entity or public employee may be held civilly liable for any injury resulting from the public entity's or public employee's acts of commission or omission arising out of and in the course of the entity's or employee's acquisition, stockpiling, distribution, or dispensing of drugs and vaccines that mitigate the effects of exposure to nuclear, chemical, or biological agents caused by an act of terrorism or arising out of a state of emergency as declared by the Governor. This bill would amend the NJTCA to specify that, notwithstanding the Act's existing immunity provisions, a public entity will be strictly liable for an injury that is caused by the administration of a vaccine if the plaintiff establishes that: 1) the vaccine was mandated by State law, rule, or regulation as a condition of attendance at a child care center, preschool program, elementary or secondary school, or institution of higher education, or by emergency declaration, at the time of the vaccine's administration; 2) the vaccine was administered by a public employee or any other person authorized to ensure compliance with the State's vaccination requirements; and 3) the injury was proximately caused by the administration of the vaccine. Documentation of a final determination of vaccine injury, which is issued through the Vaccine Injury Compensation Program administered by the Health Resources and Services Administration in the United States Department of Health and Human Services, or a final judgment issued by a court of competent jurisdiction that includes a finding of vaccine injury will constitute prima facie evidence that the injury was proximately caused by the administration of the vaccine. The bill provides that any damages awarded to an individual pursuant to its provisions are to be reduced by any amount for which the individual has received compensation from any other source, including, but not limited to, compensation paid under an insurance policy, by a State or federal health benefits program, by an entity which provides health services on a prepaid basis, or by the Vaccine Injury Compensation Program, regardless of whether the Vaccine Injury Compensation Program issued a final determination of vaccine injury. The bill further specifies that its provisions may not be deemed to constitute a State compensation program, under 42 U.S.C. s.300aa-15, for the purposes of determining whether compensation is available under the Vaccine Injury Compensation Program. Because the term "public entity," as defined in the NJTCA, includes the State as well as any county, municipality, district, public authority, public agency, or other political subdivision or public body, the bill would clarify that, whenever a public entity, other than the State, is named as a defendant in a suit brought pursuant to the bill, that entity will be entitled to seek and obtain indemnification and reimbursement from the State General Fund for any monetary damages that are paid and other reasonable costs that are incurred thereby in association with the resolution of the case. Reimbursement is be provided upon the Secretary of State's receipt of a claim for reimbursement and approval of the claim by the Director of the Division of Budget and Accounting in the Department of the Treasury. A claim for reimbursement is to be submitted in accordance with the same timeframes, and in the same manner, as is specified by the NJTCA for claims of damage or injury. The bill provides for the Legislature to annually appropriate, from the General Fund to the Secretary of State, such sums as the State Treasurer and the Director of the Division of Budget and Accounting in the Department of the Treasury determine are necessary for the reimbursements authorized under the bill. This bill would take effect immediately and would apply to all vaccine-related injuries that are sustained after, or that are ongoing as of, the effective date.

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Joe Pennacchio (R)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 01/09/2024)

Official Document