Bill > A04993

This bill establishes a legal framework for strict liability against the state for injuries caused by state-mandated immunizations. Under the proposed law, individuals can file a claim in the Court of Claims if they can prove three key conditions: (1) the immunization was mandated by state law, such as for school attendance or during an emergency declaration, (2) the immunization was administered by a health practitioner (defined as a public employee or authorized person), and (3) the injury was directly caused by the immunization administration. The bill importantly protects health practitioners from liability unless gross negligence can be proven, shifting the responsibility for potential injury damages to the state itself. The legislation would apply retroactively to all immunization-related injuries that are ongoing or occur after the bill's effective date, providing a new avenue for compensation for individuals who suffer adverse effects from required vaccinations. By creating this strict liability standard, the bill aims to provide a clear legal mechanism for individuals to seek recourse for vaccine-related injuries while maintaining a high bar for proving causation.

Justice

https://www.nysenate.gov/legislation/bills/2025/A4993