Restricts statute of limitations for claims against health care provider for vaccination, other issues to 1 year post death during peacetime emergency

State: MN
Bill Number: HF 2890/SF 2909
Position: OPPOSE
Action Required: NONE
Status: ENACTED, HF 2890 signed by Governor Tim Walz on 5/19/2023, Effective date 5/20/2023, Chapter number 52

Legislation Details:

UPDATE: 5/19/2023 - Enacted, SF 2909 was signed by Governor Tim Walz on 5/19/2023, Effective dates 5/20/2023, Chapter number 52. This original version of this bill had no mention of vaccines as it was added later in the legislative process.  NVIC's interest in this bill is limited to the section that that deals with vaccines. 

HF 2890 was introduced on referred to the House Rules & Legislative Administration Committee on 3/15/2023. It is sponsored by Representative Kelly Moller.

SF 2909 was introduced and referred to Senate Committee on Judiciary & Public Safety on 3/15/2023. It is sponsored by Senator Ron Latz

The bills restrict the statute of limitations for claims against a healthcare provider for vaccination and other issues to one year post death during a peacetime emergency declaration, as stated below in Section 35:

Subd. 2. Injury action; statute of limitations. An action, brought pursuant to section
573.02, subdivision 2, that accrued during the peacetime emergency against a health care
provider alleging malpractice, error, mistake, or failure to cure regarding treatment,
transmission, or vaccination related to the infectious disease that was the subject of the
peacetime emergency must be filed within one year from the date of death of the former
patient or resident.

The effective date of this section is the day following final enactment. 

NVIC is OPPOSED to this section because adverse health events from vaccination are not always immediately detectable. Limiting plaintiffs to a one year statute of limitations prevents any possibility of legal action to an unreasonable amount of time.

https://www.revisor.mn.gov/bills/bill.php?f=HF2890&y=2023&ssn=0&b=house - text, status, and history of HF 2890

https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF2909&ssn=0&y=2023 - text, status, and history of SF 2909