Senate Advances Bill Allowing China Liability in Coronavirus Outbreak Lawsuits

A Republican bill allowing Americans to file coronavirus outbreak lawsuits against China has advanced through the Senate’s Judiciary Committee.

The proposed Civil Justice for Victims of China-Originated Viral Infections Diseases Act would act as an amendment to the Foreign Sovereign Immunity Act – the federal law which blocks Americans from targeting foreign countries in lawsuits. If the amending act is passed by Congress, American consumers, companies, and states will be eligible to take legal action against China for COVID-19 damages.

“Americans who have been victimized by the lies and deceit of the Chinese Communist Party—to include those who lost loved ones, suffered business losses, or were personally harmed due to COVID-19—deserve the opportunity to hold China accountable and to demand just compensation,” Senator Marsha Blackburn said in a July 20 press release to KSN.

“Our bill will empower Americans to do just that by providing them with the legal tools necessary to sue the Chinese government in federal court for creating and worsening the COVID-19 pandemic.”

Although the coronavirus China bill has been sponsored by Republican lawmakers, the sponsors note that the law is modeled after the bipartisan Justice Against Sponsors of Terror Act which allowed Saudi Arabia and other countries to be held liable for sponsoring terrorism.

“If you thought Saudi Arabia had some nefarious connections to terrorists, I guarantee you China’s got some nefarious connections to how this virus started,” Senate Judiciary Committee Chairman Lindsey Graham said, according to Law360.

“I think they misled the world in a deceptive way, in a very hard-hearted fashion. They stopped travel in China but allowed people from China to go out and infect the world.”

Despite the similarities to the bipartisan bills, Democratic lawmakers on the Senate Judiciary Committee reportedly questioned the bill and its intentions.

These legislators questioned if the bill would serve not to correctly place the blame but instead to shift responsibility away from the Trump administration’s coronavirus outbreak measures or lack thereof. The Trump administration has been repeatedly criticized by experts such as the former director of the National Institutes of Health for their failure to respond to the coronavirus outbreak with proactive measures.

Other Democrats on the committee brought up concerns that, by shifting liability for COVID-19 to China, the country will open up the opportunity for America to be held liable by other nations. For example, the country could be held liable for coronavirus outbreak cases in Central American countries with poor economies and public health infrastructures due to deportation of infected immigrants, the lawmakers argued.

These concerns were dismissed by Graham, who reportedly said that “If they want to sue us, they can. There’s probably a reason they’re not — because we’re trying to help them the best we can with their economic problems.”

Further arguments questioned whether or not the policy will cause issues by antagonizing a powerful trading partner for the U.S. However, Republicans argued that coddling China won’t necessarily ensure a better relationship with the country – citing human rights issues in the country, Hong Kong politics, and other foreign policy news.

Regardless of the concerns posed by Democrats, the bill was voted through on Thursday in a 13 to 9 vote. Now, the bill will move to a full vote in the Senate.

Coronavirus Outbreak Lawsuits Against China

If the bill is passed by the Senate, individuals, companies, and states will all be able to take action against China for COVID-19 damages including deaths, business losses, and more.

The United States will also be able to hold the country liable for losses on behalf of their citizens. Further, the Civil Justice for Victims of China-Originated Viral Infections Diseases Act would allow for the seizure of China’s assets which are currently in the United States.

The law would also allow current lawsuits against China to stand.

Barely 24 hours after the World Health Organization labeled COVID-19 as a global pandemic in early March, law firms had already filed lawsuits against China.

State authorities have also taken to filing lawsuits against China on behalf of their residents.

One class action lawsuit, filed in Florida federal court, accused the country of negligently handling the coronavirus and failing to contain the virus which eventually spread around the world. Counsel in the class action argued that individuals and small businesses had been uniquely affected by the pandemic and sustained damages which could be traced back to China’s negligence.

In April, the claims were expanded to include health care workers such as nurses and doctors. According to the coronavirus China claims, the country hoarded personal protective equipment needed in order for healthcare professionals to safely treat virus patients.

China has also been accused of covering up the coronavirus outbreak in the early days of the pandemic. This allegedly made it impossible to manage the spread of the virus proactively.

Do you think China should be held liable for coronavirus outbreak damages? Let us know in the comment section below.

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