House committee advances bill seeking to provide businesses, schools protection from COVID-19 lawsuits

A legislative committee has approved a bill that would limit Tennesseans' ability to take legal action against businesses and schools related to COVID-19.

On Monday, the House Civil Justice Subcommittee approved the bill, which was initiated and supported by a coalition of 30 business trade associations.

While the measure, HB 2623, seeks to provide liability protections to businesses, including sole proprietors, religious organizations and nonprofits, an attorney told lawmakers one version of the proposal was overly broad.

Despite such concerns, the committee approved competing amendments of the measure, sending it to the House Judiciary Committee.

One version of the bill, sponsored by Rep. Michael Curcio, R-Dickson, and supported by the coalition of trade associations, would give businesses, health care providers and schools, including child care agencies, immunity from lawsuits provided they follow public health guidance related to the pandemic.

Curcio said his main goal was to ensure businesses aren't subject to frivolous lawsuits due to COVID-19. He said such protections would not be given to "bad actors" that were grossly negligent.

Curcio's bill requires a potential plaintiff to get a complaint verified and an opinion from a local doctor before a lawsuit can be initiated, which he admitted was a high bar.

Another version, sponsored by Rep. Mike Carter, R-Ooltewah, seeks to ban all litigation against businesses related to COVID-19. 

Although Carter did not immediately provide reporters with copies of his amendment, which is currently unavailable on the legislature's website, he suggested during the committee he was partially driven by the fact no similar legislation was passed after previous outbreaks, including SARS.

Carter's amendment raised constitutional concerns during the committee discussion.

At one point, Rep. Johnny Garrett, R-Goodlettsville, expressed concern about whether the legislation would shield long-term care facilities, including one in his district that had a major COVID-19 outbreak, from lawsuits.

"For me to go home to my district and say 'You cannot sue based upon whatever negligence or gross negligence issues that that place may have had' just cannot happen," Garrett said. 

Jim Brown, state director of the National Federation of Independent Business, said the goal of Curcio's version of the legislation was to help businesses recover from the COVID-19 pandemic while giving them safe harbor protections.

“Our coalition is not seeking blanket immunity from pandemic-related lawsuits,” said Brown, citing a survey of business owners in Tennessee who said they are concerned about the issue. "We are seeking protection against any plaintiff who would try to exploit the pandemic and file an unwarranted claim."

But Matt Hardin, president of the Tennessee Trial Lawyers Association, warned there could be unintended consequences as a result of the legislation.

"Our concern with the version of the bill as it currently is is that it will be taken in different directions by creative defense lawyers," he said, arguing the legislation could be used to prevent any type of health care liability action in Tennessee for the next two years. 

Arguing in favor of the bill, Brown estimated there had been as many 1,200 lawsuits throughout the country related to COVID-19 that had already been filed.

"We don't want to deal with the frivolous claims," he said.

But Hardin took issue with the idea that frivolous lawsuits were prevalent. 

"There's not much of that out there," he said. "It's a popular thing to say in PR, but in practice it's really the opposite."

Throughout the meeting, committee members and witnesses highlighted hypothetical scenarios to make their points regarding the legislation. 

The Senate version of the legislation is scheduled to be taken up in the chamber's judiciary committee on Tuesday.

Several other states, including Arizona, Kansas and North Carolina, have considered similar legislation.

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Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.