‘Civil immunity’ is really corporate license to kill with COVID negligence

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Among the more controversial — and frightening — bills that the Florida Legislature is considering this year are some “civil immunity” measures that would give companies, hospitals and nursing homes a legal loophole from lawsuits that stem from employees or customers getting COVID-19.

No, really.

House Bill 7, sponsored by Rep. Lawrence McClure (R-Plant City), and Senate Bill 72, sponsored by Sen. Jeff Brandes (R-St. Petersburg), are identical and flew through committees. Supporters, like State Rep. Tommy Gregory (R-Sarasota) and Speaker Chris Sprowls — who called it “the most aggressive liability protection bill in the nation” — are pushing this under cover of providing businesses with a “safe harbor” from COVID-related liability.

But who do they think they’re kidding? Where’s the storm? There is no stampede of COVID lawsuits being filed. They should really call it corporate immunity.

What they’re doing is giving businesses a license to kill.

Is this another solution in search of a problem? Maybe it’s a solution for Publix, a big campaign contributor, which is facing a lawsuit from the family of a Miami Beach employee who died from COVID after he was told he could not wear a mask at work early in the pandemic.

Are we legalizing negligence now?

The House bill flew through its second reading Thursday as the Republican sponsors rebuffed every amendment that Democrats suggested. Most importantly were attempts to strike the need for an affidavit from a state-licensed physicians attesting that the claims were the result of the defendants’ actions. No doctor is going to do that.

They also refused to carve out first responders and healthcare workers. So, at the same time as they “honor” these real public servants, they throw them under the bus.

Additionally, there are two other bills (SB 74 and HB 7005, sponsored by Brandes and Rep. Colleen Burton of Lakeland) that would provide immunity for healthcare institutions, including nursing homes. How can legislators even think about providing nursing homes with more liability protection? One of the reasons the Florida Justice Association opposes the bill is because Florida nursing homes are notorious for neglect and lax care — even before COVID-19. Since the beginning of the pandemic, they have consistently been one of the largest sources of positive cases.

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Legislators say there are precautions in place. Pfffft! Nursing homes saw a disproportionate number of deaths. As of December, long-term care residents and staff made up 38% of the Florida COVID-19 deaths, according to Bill Sauers, president of the Florida Alliance for Retired Americans, which reports that 82% of the Floridians who have died were 65 and up.

“Florida seniors have been hit hard by the coronavirus pandemic,” Sauers said. “Rather than standing on the side of nursing home residents and their caregivers, the legislature is considering protecting nursing homes that have a record of violations and lax protections for seniors. 

“This legislation is the exact opposite of what we need. It makes the nursing home industry less safe for seniors and takes away legal recourse for staff or residents who have suffered unnecessary harm.”

Instead of protecting patients and healthcare workers, these bills protect irresponsible corporations and care providers.

“Florida legislators say they support and appreciate the sacrifices front line health care workers have made throughout the pandemic and that they care about nursing home patients. They need to back up those words by holding irresponsible nursing home operators accountable for putting them at risk,” Sauers said.

Brandes has said that the legislation protects “our health-care industry that has gone over and above the call of duty in order to protect and serve every resident of the state who needed help.”

No, Jeffy, people, the health care workers you are hanging out to dry, they are the ones who went above and beyond the call of duty. Not the million dollar corporations that pay them.

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Lawsuits provide a public service. They not only help make people whole again, they serve as an important deterrent. Without the family’s ability to sue for the wrongful death of Gerardo Gutierrez — who worked at the Beach Publix and was 70 when he died of COVID-19 — what would stop grocery chains and banks and hardware stores from doing whatever they want to put profits over people?

Again, there’s no deluge of COVID lawsuits flooding our courts.

As usual, the GOP leadership is talking out of both sides of it mouth.

At an Okeechobee Steakhouse in West Palm earlier this year, Florida Gov. Ron DeSantis scoffed at the authorities who were keeping restaurants and bars closed in New York City. “The vast majority of infections are occurring in people’s homes. Closing a restaurant will lead people to doing that in private homes anyway,” he told reporters.

He should be making people feel safer to go out again — not the opposite.

  Florida legislature, Jeff Brandes