When will Congress protect America’s frontline heroes from lawsuits?

OPINION:

A new year is upon us, and with it comes an opportunity for our country to heal from the wounds of a difficult 10 months.  

This laudable goal will come within reach if congressional policymakers tackle the few remaining challenges that will linger into the new year. The most pressing, of course, being defeating COVID-19.  

The United States is seeing new cases spike beyond its early spring peak. The latest surge has devastated families that have already lost jobs, savings and, in some cases,family members and friends. They need our love and support now more than ever.    

The pandemic has been equally as difficult on our brave frontline workers and businesses, which have worked tirelessly to keep functioning through this darkest hour. Unfortunately, while those on the frontline bravely fight to keep everything afloat until a vaccine reaches mass distribution, trial lawyers continue pouncing on these vulnerable heroes, threatening to batter many of them into bankruptcy.   

Back in 2005, I made clear the need for crisis-based medical liability reforms on the House floor. By taking away billions of dollars from needed medical facilities and putting them into the pockets of wealthy lawyers, I noted how they adversely affect the quality of health care available in many communities, particular rural ones.  

Traditionally in times of crisis, Congress has passed temporary liability protections to shield the vulnerable from frivolous lawsuits brought on by the trial bar, which has seemingly made a habit of assigning blame on innocent actors for some of its members’ financial interests.     

When I served in Congress, I was fortunate to have had the opportunity to lead the charge in passing liability reforms during the avian influenza outbreak. Just years before that, Congress passed a liability shield for manufacturers of counterterrorism equipment in the aftermath of the September 11 terrorist attack.  

Congress’ approach to the current national emergency shouldn’t differ from these previous ones. If anything, the magnitude of this crisis should make Congress act quicker than it has in the past. 

Every day, medical staff are working in unimaginably stressful conditions. Working with limited breaks, understaffed teams and inadequate equipment, care workers are making difficult decisions to the unprecedented challenges this virus has presented. In many instances, health care workers have no choice but to use makeshift medical devices or rationed care to save as many lives as they can.   

Although the current pandemic is approaching its first anniversary, federal liability protections for frontline workers and businesses have yet to pass. This issue wasn’t a controversial one during past national emergencies — then again, those ones didn’t happen during an election year. 

So long as there isn’t gross negligence, these individuals shouldn’t have to worry about lawsuits. These professionals are heroes and should be given priority support by their federal representatives.    

Many states passed and signed into law state-based liability shields in 2020. For example, Gov. Brian Kemp, Speaker David Ralston, Lt. Gov. Geoff Duncan and the Georgia legislature’s protected in-state businesses except in instances of “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” However, these state shields are limited to state-based courts. The only way to protect our health care workers and frontline businesses from federal lawsuits is through an act of Congress.    

Congress is days away from starting the next session, The members of the House and Senate need to leave partisan bickering in 2020 and use the new year to get real protections passed for America’s most vulnerable. Their constituents are counting on it. 

• Nathan Deal, a former trial lawyer, served as the 82nd governor of Georgia. He also served as a member of the U.S. House of Representatives from Georgia.