Ohio House Considers Employer Liability for COVID-19 Vaccine Complications

On August 24, 2021, Representative Jay Edwards introduced House Bill 401 to the Ohio legislature. The Bill, which has nearly two dozen cosponsors, could create a pathway for employees to sue their employer over damages caused by a COVID-19 vaccination if their employer required the vaccine as a condition of employment. The Bill does not define what conditions or ailments may be considered a damage brought about by the COVID-19 vaccine but given the broad language used, the Bill would likely permit a wide range of recovery for damages caused by the COVID-19 vaccine. Further, the Bill permits such claims to be brought against employers for five years after the employee’s vaccination.

Ohio House Bill 401 is just one of the many bills that have been introduced into the Ohio legislature that would prohibit or restrain businesses in promulgating mandatory vaccination policies. Fishel Downey has previously written about several of these bills in our June Newsletter. In addition to these Bills, other recent vaccine-related legislation include Ohio House Bill 424 which would prohibit public employers from requiring vaccines, Ohio House Bill 425 which would prohibit business from mandating any RNA vaccine, including the COVID-19 vaccine, and Ohio Senate Bill 111 which would prohibit mandating vaccines which have not been granted full FDA approval and would prohibit employers from requiring individuals who have not received a COVID-19 vaccine to engage in precautions or restrain from activities that differ from individuals who are vaccinated.

Although there are numerous bills that have been introduced prohibiting employers from enforcing vaccine mandates, none have been enacted into law. However, the Ohio House Speaker, Bob Cupp, announced last month that he expected some action on these bills when the House returned in mid-September, but so far nothing has been scheduled.

The attorneys at Fishel Downey regularly advise employers on new and anticipated COVID-19 and vaccination-related legislation. If you have a specific question or scenario, and would like assistance, contact one of the attorneys at Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216.