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Liability Protections for Vaccination Clinics

by Marcia Testa | Jan 14, 2021 | Coronavirus, Infectious Disease

Question: Are healthcare workers, clinics and others who administer the COVID-19 vaccine liable for injury or death caused by a COVID-19 vaccination? Answer: No. State and federal law, and a federal no-fault compensation program, give complete immunity to healthcare...

Revised Local BOH COVID-19 Checklist Cease and Desist Order Template

by Marcia Testa | Dec 15, 2020 | Coronavirus, Infectious Disease

NOTICE: We have updated the prior 11/16/2020 Cease and Desist Order template with the new 12/14/2020 template that takes into account the most recent Massachusetts Emergency COVID Orders.  For example, COVID-19 Orders Numbered 54 and 56 have been rescinded and orders...

New COVID-19 Notice of Violation Template

by Marcia Testa | Dec 13, 2020 | Coronavirus, Infectious Disease

Download and modify  this new Word Template to issue a Notice of Violation citing the most recent  Governor’s Emergency Orders. Excerpt reads: The above-named Board of Health, working under the authority of the Governor’s Emergency Orders, including, but not limited...

Does SCOTUS Decision on NY Houses of Worship Impact MA?

by Marcia Testa | Dec 12, 2020 | Coronavirus, Infectious Disease

  How Does the U.S. Supreme Court case , Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, 592 U.S. _____, 2020 WL 6948354 (11.25.2020) impact Governor Baker’s Orders relative to Houses of Worship.  The Supreme Court wrote its...

Liability Protection For Acts Based On Performance of a Discretionary Function

by Marcia Testa | Dec 11, 2020 | Coronavirus, Infectious Disease, Uncategorized

Many members of a Board of Health or other position that assumes responsibility for local public health (e.g., Health Commissioner) often ask “When making discretionary public health decisions in the line of duty, do I have any liability coverage offered by the...

No Excess Deaths In Massachusetts Over the Past Six Months

by Marcia Testa | Nov 24, 2020 | Coronavirus, Infectious Disease

Several weeks ago, Governor Baker instituted new recommendations to control the spread of COVID-19.  He continues to encourage keeping businesses open and schools operating in-person.  Keeping businesses and schools open have a clear scientific basis.  In addition,...
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