Humphrey Pushes for Legislation to Extend Health Liability Claims
OKLAHOMA CITY – Rep. Justin Humphrey, R-Lane, on Tuesday spoke at a rally at the State Capitol about his bill that would remove federal liability shields for claims such as COVID vaccine injuries, among others. House Bill 3119 would extend the period of time for people to file health care liability claims based on a good faith belief that a federal procedural bar was in place when a cause of action arose. Supporters of the bill say it would restore patients' constitutional rights to remedy and protect their right to bodily autonomy. The bill has not been heard in a House committee. "Why have COVID victims not been allowed to go back and pursue relief through the courts?" Humphrey asked. "This bill would allow people who believe they were harmed during medical treatment to go back and file civil liability claims against those that were either negligent or who practiced medical malpractice, had a lack of informed consent or committed medical battery." Humphrey said while the bill isn't limited to COVID, it was a big reason for him filing the measure. Humphrey said he worked with several people who documented what happened to their loved ones while they were undergoing medical treatment. He also held an interim study in October 2024, to which he invited speakers from various states to speak about their experiences during treatment for COVID. "This tells me the public wants this legislation and wants this bill to be heard," Humphrey said. HB3119 would specify that a good faith belief exists when a claimant or attorney could reasonably conclude, based on existing federal declarations, amendments, advisory opinions or judicial interpretations, that the federal liability immunity provisions applied to the alleged conduct. Federal procedural bar includes federal liability immunity provisions provided in the Public Readiness and Emergency Preparedness (PREP) Act in U.S. statute. HB3119 would extend the good faith belief that a federal procedural bar was in place when a cause of action for health care liability claims arose to one year after the good faith belief no longer existed. The bill would apply to all such actions occurring on or after Feb. 1, 2020. The legislation also would ensure Oklahoma courts retain jurisdiction over claims that, but for temporary legal impediment or reasonable misperception of federal preemption, would have been timely filed.