Bill > S05910

This bill establishes a legal mechanism for individuals to claim strict liability against the state for injuries caused by immunizations that are mandated by state law. Specifically, the bill allows individuals to seek compensation through the court of claims if they can prove three key conditions: (1) the immunization was mandated either as a requirement for school attendance or during an emergency declaration, (2) the immunization was administered by a qualified health practitioner, and (3) the injury was directly caused by the immunization's administration. The bill defines a "health practitioner" as a public employee or authorized person who administers immunizations to comply with state requirements. While the state can be held strictly liable under these circumstances, health practitioners themselves are only liable if gross negligence can be proven. The bill applies to immunization-related injuries sustained on or after its effective date and grants the court of claims explicit jurisdiction to hear such claims, providing a clear legal pathway for individuals who believe they have been harmed by state-mandated vaccinations.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S5910