New York S 5910: Establishes strict liability for injuries caused by required immunizations

Bill Text

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S05910 Summary:

BILL NOS05910 

&nbsp

SAME ASSAME AS A04993

&nbsp

SPONSORLANZA

&nbsp

COSPNSRBORRELLO, CHAN, MURRAY, PALUMBO, WEBER, WEIK

&nbsp

MLTSPNSR

&nbsp

Add §2113, Pub Health L; amd §9, Ct Claims Act

&nbsp

Establishes a claim for strict liability against the state for any injury caused by the administration of an immunization which is mandated by a state law; gives the court of claims the power and jurisdiction to hear such a claim.

Go to top S05910 Actions:

BILL NOS05910 

&nbsp

03/03/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05910 Committee&nbspVotes:

Go to topS05910 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05910 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5910

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. LANZA, PALUMBO -- read twice and ordered printed,
 and when printed to be committed to the Committee on Health

 AN ACT to amend the public health law and the court of claims act, in
 relation to establishing strict liability for injuries caused by
 required immunizations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 2113 to read as follows:
 3 § 2113. Vaccinations; liability. 1. For purposes of this section
 4 "health practitioner" shall mean an individual who is employed as a
 5 public employee or any other person authorized by law to administer an
 6 immunization to ensure compliance with the state's immunization require-
 7 ments pursuant to this chapter.
 8 2. Notwithstanding any provision of law to the contrary, the state
 9 shall be strictly liable for any injury caused by the administration of
 10 an immunization that is intended to prevent or minimize the spread of
 11 disease and to protect public health if an individual establishes that:
 12 (a) such immunization was mandated by a state law, rule or regulation
 13 as:
 14 (i) a condition of attendance at a public, private or parochial child
 15 caring center, day nursery, day care agency, nursery school, elementary
 16 school, secondary school or an institution of higher education at the
 17 time of the immunization's administration; or
 18 (ii) an emergency declaration issued by the commissioner or the gover-
 19 nor at the time of the immunization's administration;
 20 (b) such immunization was administered by a health practitioner; and
 21 (c) the injury was proximately caused by the administration of such
 22 immunization.
 23 3. A health practitioner shall not be liable for any injury alleged to
 24 have been sustained by an individual by reason of an act or omission in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07251-01-5

 S. 5910 2

 1 the administering of such immunization unless it is established that
 2 such injury was caused by gross negligence on the part of such health
 3 practitioner.
 4 § 2. Section 9 of the court of claims act is amended by adding a new
 5 subdivision 14 to read as follows:
 6 14. To hear and determine a claim of any person against the state for
 7 any injury caused by the administration of a required immunization
 8 pursuant to section twenty-one hundred thirteen of the public health
 9 law.
 10 § 3. This act shall take effect immediately and shall apply to all
 11 immunization-related injuries sustained after, or that are ongoing as
 12 of, such effective date.

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