Our legislation is simple but effective. It would allow Americans to sue China in U.S. federal courts in order to “recover damages for death, injury, and economic harm caused” by China’s reckless and reprehensible response to the COVID-19 outbreak.
Americans are currently barred from filing such claims under the Foreign Sovereign Immunities Act, which forbids lawsuits against foreign sovereign nations, save in rare instances. Our legislation would carve out a limited exception for physical and economic injuries resulting from COVID-19 and acts “intended to deliberately conceal or distort the nature or existence of COVID-19.”
Our bill gives China the opportunity to resolve its claims with the U.S. government out of court. However, if no settlement is reached China will face the possibility of millions of private claims from Americans who’ve been harmed by the coronavirus.