COVID-19 and Mass Torts: What Can it Mean for You?
The Coronavirus pandemic is turning the world upside down. With more than ten million confirmed cases of COVID-19 and more than 240,000 deaths in the United States, the virus is changing how we live, work, and shop. But people are also holding others accountable for failing to take necessary precautions and for bad faith insurance claim denials. As a result, mass tort and class action litigation involving large numbers of people injured and killed by the Coronavirus started to pop up across the country in March of 2020, shortly after the United States declared a national emergency.
Product Liability Claims
In the wake of the COVID pandemic, new product liability claims follow, including claims for:
- Failing to warn about the presence of COVID-19 in a manufacturing or distribution facility;
- Products claiming to protect against COVID-19;
- Drugs and vaccines claiming to protect against COVID-19 or lessen its impact;
- Sanitizers, protective equipment, and disinfectants that misrepresent their protection against germs, bacteria, and viruses;
- Exposure to COVID-19 from contaminated product packaging or devices;
- Failing to warn about possible side-effects from medications or devices;
- Products claiming to boost the immune system; and
- Dietary supplements or foods that claim to mitigate or protect against COVID-19.
The U.S. Federal Drug Administration and the Federal Trade Commission have issued warning letters to companies making false COVID-19 claims.
Business Interruption Claims
Many businesses have insurance for business interruption. The insurance will cover the loss of income when the business is closed or working to restore business income after a disaster. After the SARS outbreak of 2003, some insurance companies modified their contracts to exclude income lost due to communicable diseases. But those insurance companies that didn’t expressly exclude diseases and denied business interruption claims for COVID-19 are now facing a wave of lawsuits for bad faith denial of those claims.
Other Suits
Insurance claims and product liability suits aren’t the only mass tort lawsuits developing due to the pandemic. Airlines, cruise lines, hotels, VRBO, and Airbnb also face lawsuits for failing to refund canceled trips, vacations, and accommodations. Nursing homes and other healthcare facilities face lawsuits for failing to take all precautions necessary to prevent the spread of the virus.If you have questions about how the COVID-19 pandemic has harmed you or your business, give us a call at 888-910-6376 or through our online form. The Madeksho Law Firm may be able to help. Your initial consultation is free, and there is never a charge unless we recover compensation on your behalf.
