Coming soon - Get a detailed view of why an account is flagged as spam!
view details
0
[Hypothetical](Federal)-Could US citizens bring a class action lawsuit against the federal government under FTCA for mishandling the Covid-19 pandemic?
Author Summary
LeaveTheMatrix is in Hypothetical
Post Body

This question stems from a post I originally made in the crazyideas sub, but then further thought about/researched.

Disclaimer: I am not a lawyer in any way, just have an interest in laws and how they can be used beneficially so like to make sure I know as many as I can. It has gotten me out of trouble a lot over the years and even allowed me to have a little fun.

Now for the basis of my question:

In most cases the government often has "sovereign immunity", but the Federal Tort Claims Act (FTCA) seems to actually give a path for citizens to sue in specific circumstances.

Suing the government "as a whole" is generally much harder than suing a private individual but the FTCA was created specifically to allow this to be allowed in some cases.

In this case I would propose a lawsuit based on (cleaned up for easier reading from original post):

  1. Negligence - The executive branch not responding within an appropriate time to the start of a pandemic resulting in grievous bodily harm and death of several citizens. Evidence: Our government ignored warnings from Tawain, responded slowly even after other governments were responding, and ignored several of their own health advisors

  2. More negligence and fault for an accident- The executive branch of government peddling "false cures" that has resulted in death. Evidence: A man in Arizona died after he and his wife ingested chloroquine phosphate. The wife survived (barely from some reports) and would be able to confirm that they took it after a publicly known member of the executive branch claimed that Chloroquine "was a cure" even though there was no proof that these claims were true. In the meantime the "rush" on Chloroquine that was caused by the persons claims has resulted in actions that are preventing patients who have valid reason to use it from being able to get it.

  3. Duty of care - The selling off of many of the federal stock of medical supplies back in November for pennies on the dollar. While we did not know in November that a pandemic was coming, these sales continued till through February which was well after executive branch members were advised that there could be a shortage. Evidence: A sale from November. Even after it was obvious to people in January that we would be seeing a pandemic, sales continued into February. Only two sales, like this one that ended on 02/29 were cancelled and the supply shifted to HHS. These were not expired masks, as they would then not be allowed to be sold if they were. These are just masks, doing a more in-depth search for other medical items may be interesting (I got locked out of the site, guess doing too many searches to quickly).

These are just the three most obvious to me, I am sure that I (or a good lawyer) can find more if we were to really dig into the laws and moves made by the executive branch over the last 6 months.

NOTE: I have been careful in the above to not specify a specific person, but this is because often such decisions are made among multiple people.

EDIT: Spelling and sentence structure fixes. One day I will learn to not write long posts after being awake over 20 straight hours.

Author
Account Strength
100%
Account Age
11 years
Verified Email
Yes
Verified Flair
No
Total Karma
150,446
Link Karma
8,285
Comment Karma
141,407
Profile updated: 5 days ago
Posts updated: 10 months ago

Subreddit

Post Details

Location
We try to extract some basic information from the post title. This is not always successful or accurate, please use your best judgement and compare these values to the post title and body for confirmation.
Posted
4 years ago