Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Co-Sponsored by:
Assemblyman Caputo
SYNOPSIS
Protects patients waiting for organ transplants from certain discriminatory actions based on vaccination status.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning vaccine discrimination and medical malpractice and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) It shall be unlawful not to perform an organ transplant or a related procedure on an individual due to the individual’s vaccination status.
(2) It shall be unlawful not to place an individual on an organ transplant waiting list or to diminish in any way the individual’s ranking on the organ transplant waiting list due to the individual’s vaccination status.
b. The denial of an organ transplant or a related procedure to an individual, who was approved for an organ transplant or a related procedure, due to the individual’s vaccination status shall constitute prima facie evidence of a violation of this section.
c. (1) An individual who has been denied an organ transplant, denied a related procedure, denied placement on an organ transplant waiting list, or diminished in ranking on an organ transplant waiting list due to the individual’s vaccination status may bring an action for medical malpractice against the defendant health care facility, the defendant physician, or both, in a court of competent jurisdiction. In addition to an award of civil damages, the court shall order the defendant to pay attorney's fees or expenses, or both, that are actually and reasonably incurred by the victim who is the successful party in the action.
(2) A court shall award a plaintiff treble damages if the plaintiff was denied an organ transplant, denied a related procedure, denied placement on an organ transplant waiting list, or diminished in ranking on an organ transplant waiting list due to the individual’s vaccination status, after the plaintiff presented the defendant health care facility or defendant physician a note from a physician advising the plaintiff against vaccination. In addition to an award of treble damages, the court shall order the defendant to pay attorney's fees or expenses, or both, that are actually and reasonably incurred by the victim who is the successful party in the action.
2. This act shall take effect immediately.
STATEMENT
This bill protects patients waiting for organ transplants from certain discriminatory actions based on vaccination status.
Under the bill, it is unlawful not to perform an organ transplant or a related procedure on an individual due to the individual’s vaccination status. Further, it is unlawful not to place an individual on an organ transplant waiting list or to diminish in any way the individual’s ranking on the organ transplant waiting list due to the individual’s vaccination status.
The bill provides that the denial of an organ transplant or a related procedure to an individual, who was approved for an organ transplant or a related procedure, due to the individual’s vaccination status is to constitute prima facie evidence of a violation of the bill’s provisions.
Under the bill, an individual who has been denied an organ transplant, denied a related procedure, denied placement on an organ transplant waiting list, or diminished in ranking on an organ transplant waiting list due to the individual’s vaccination status may bring an action for medical malpractice against the defendant health care facility, the defendant physician, or both, in a court of competent jurisdiction. In addition to an award of civil damages, the court is to order the defendant to pay attorney's fees or expenses, or both, that are actually and reasonably incurred by the victim who is the successful party in the action.
The bill provides that a court is to award a plaintiff treble damages if the plaintiff was denied an organ transplant, denied a related procedure, denied placement on an organ transplant waiting list, or diminished in ranking on an organ transplant waiting list due to the individual’s vaccination status, after the plaintiff presented the defendant health care facility or defendant physician a note from a physician advising the plaintiff against vaccination. In addition to an award of treble damages, the court is to order the defendant to pay attorney's fees or expenses, or both, that are actually and reasonably incurred by the victim who is the successful party in the action.
There have been numerous reports from across the country of very sick patients who were denied life-saving organ transplants due to their vaccination status. To deny a dying person, particularly someone with young children, a life-saving medical procedure simply because that person chose to exercise his or her natural right to bodily autonomy is a cruel practice that is deeply rooted in hate and divisive politics. It is a practice that is void of any moral or scientific justification; and in the 21st Century, there is no place for such barbarism in America or anywhere else in the civilized world. With the introduction of this bill, it is the sponsor’s intent to guarantee all persons waiting for organ transplants equality, freedom from discrimination, and a chance to live, regardless of vaccination status.