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 workers, clinics, hospitals, and others in the event of injury or death from a COVID-19 Vaccine.
Massachusetts State Law: Ch. 64 of the Acts of 2020, entitled An Act to Provide Liability Protections for Health Care Workers and Facilities During the Covid-19 Pandemic was signed by the Governor on April 17, 2020, and is retroactive to March 10, 2020. This law provides liability protection for healthcare workers and facilities. It specifically includes the following:
- The prescription, administration, delivery, distribution, or dispensing of (COVID-19 Vaccine) by a health care professional (1) or health care facility (2) for the treatment, diagnosis, prevention, mitigation or as part of the Commonwealth’s response to the COVID-19 outbreak.
- This protection extends to volunteer organizations (3) that make their facilities available to support activities during the COVID-19 emergency.
- While the Massachusetts law does not specifically address liability protections for local public health workers, they are immune to the same extent as other vaccine providers and administrators under the Federal PREP Act, as discussed below —-> continues by linking to full PDF document below.
Read the full guidance here. Final Liability Protections Vaccination Clinics 01.14.21