Sangamon Sun

A lot of people suffered heartbreaking loss over the past few years. Did you lose a loved one from COVID? Could you sue China for COVID Damages?

As the pandemic abates, the time to seek accountability has come. Many of us rightfully want to go after the Chinese Government for, among other things, having created or accidentally leaked this virus. There would be three major obstacles: the Chinese Government swiftly destroyed any relevant evidence, the Biden White House dragged its feet in holding the Chinese Government accountable, and the 1976 Foreign Sovereign Immunities Act (FSIA), which talking heads often cite as the reason why citizens or our American Government cannot sue the Communist Government of China.

Instead of suing the Chinese Government, the City of Wuhan may present a more immediate and easier target for successful litigation.

First, it is easier to establish liability. There are two key facts that victims of COVID can amply prove. With documents from the City of Wuhan and with public speeches by the mayor of Wuhan at the time, it’s easy to show: a) The City Government of Wuhan knew about COVID as early as the middle of December, 2019 but failed to report it as required by Chinese law. b) Wuhan officials knew that the virus could transmit from person to person, yet lied and claimed the contrary as late as Jan 20th, 2020. During this crucial month, up to 3 million people flew from Wuhan to cities around the world for the Chinese New Year Holiday.

Second, the City of Wuhan, with 11 million people, has significant assets, potentially including holdings in Chinese companies listed in the United States, such as Alibaba.

Third, holding the city of Wuhan accountable helps the people of China, so that they may have more law abiding local governments in the future.

Fourth, the City of Wuhan is NOT protected by FSIA immunity in a case like this.

On casual reading, the FSIA seems to offer immunities to Countries as well as "Political subdivisions of a foreign state". However, FSIA spells out clear exceptions to immunity where there is personal injury or death caused by any tortious act or omission. Chinese law mandates the report of a contagious pathogen within 24 hours.

Based on the latest statistics, almost 40,000 Illinoisans died from COVID. Hundreds of thousands more lost their jobs, small businesses, and their way of life. We must seek accountability for those that covered up the initial, critical beginning of this pandemic and justice for those harmed by their negligence.

– Kent Gray is an attorney practicing in Springfield, Illinois, and a former Senior Advisor in the President Donald Trump administration. He can be reached at kent@kentgray.com.