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> And even if not, there would not have been liability anyway: it was manufactures that were previously liable when selling the wrong type of mask to health car
by robomartin 7y ago
> And even if not, there would not have been liability anyway: it was manufactures that were previously liable when selling the wrong type of mask to health care workers. But in Facebook donating masks, no manufacturer is part of the transaction.
Just noticed this. It's wrong.
Hospitals could not accept donations of industrial masks, or, more accurately, they could not use them. This would expose them to potentially serious legal liability. Simple example: Someone dies. Lawyers discover medical team member were using using industrial masks they accepted from donations. They sue the hospital, every doctor, nurse and practitioner in the hospital and perhaps even whoever donated the masks.
How do I know this?
Well, as I mentioned elsewhere, my wife is a doctor and we have many doctors, nurses and other medical practitioners in our circle. In addition to this, we tried to donate many thousands of N95 masks from our own manufacturing operation's inventory to our local hospitals. They were refused, citing, very specifically "we cannot legally use industrial masks".
Once Trump went against Republicans in the House and Senate and signed the law releasing liability until 2024 we got a call from the hospitals we had contacted asking if the masks were still available. That's when we handed them over.
This, sadly, is how our legal system works. This is reality.
BTW, I do believe it was the White House who asked for the industrial mask exception to be included in the legislation. I don't have the time to go track down this assertion, so take it for what it is.