Federal employees could sue the government for damages if they received a COVID-19 vaccine due to to President Biden’s vaccine mandate and had an adverse reaction.
If passed, the Protecting Americans’ Medical Rights Act (HR 6811) would permit civil action against federal, state or local governments that imposes a vaccine mandate that affects employment. The bill was introduced last month by Rep. Diana Harshbarger (R-TN).
“The Biden Administration’s unconstitutional mandates forced many Americans to choose between their job or getting vaccinated,” Harshbarger said in a statement about the bill to TV station WJHL in Johnson City, TN. “While this is wrong and never should have happened, those forced into vaccination should have full rights to pursue legal action if they are injured. My bill — the Protecting Americans’ Medical Rights Act — is a step in the right direction towards holding this administration and our government accountable.”
According to the bill, an “aggrieved individual” includes:
“an individual who received or is required to receive a COVID–19 vaccine as a result of Executive Order 14042 or 14043 to prevent the termination, or any other adverse consequence, of the employment of the individual with a Federal agency, or as a condition of new employment;
“an individual who received a COVID–19 vaccine as a result of a Federal agency requirement (or is required to do so by the individual’s employer acting pursuant to a Federal agency requirement) as a condition of new or continued employment…”
The bill states the term “injuries” includes “any adverse health effects, reactions, and other adverse health consequences, including incapacity or wrongful death, resulting from COVID–19 vaccination.”
Authorized actions against the United States or any State or local government entity for COVID–19 vaccination mandates include “any aggrieved individual, or in the case of a deceased aggrieved individual his or her survivors, may commence an action against the United States, or against any State or local governmental entity, whichever imposed the applicable requirements, in an appropriate district court of the United States, seeking declaratory or injunctive relief and compensatory damages, including economic and noneconomic damages, for injuries sustained by the aggrieved individual as a result of receiving a COVID–19 vaccine.”
After a district court in Texas issued an injunction for the vaccine mandate for federal employees in January, the mandate has been paused. However, a federal appeals court on Tuesday suggested a lower court’s pause may have been overly broad.
To read the full text of the Protecting Americans’ Medical Rights Act, go here.