Puerto Rico Governor Wanda Vasquez signed on Wednesday, an executive order granting medical workers and hospitals civil immunity from reparations due to claims that stem from suspected negligence or medical malpractice during the COVID-19 pandemic.

The decree comes as the House of Representatives of Puerto Rico investigates members of the COVID-19 task force of Gov. Vasquez, as well as the Department of Health, for the "since-canceled $38-million contract" for the rapid testing kits that reportedly came from a construction firm.


Request to Turn over Information about Contract for COVID-19 Tests

Chuck Grassley, the US Senate Finance Committee chairman, wrote to Vasquez on Monday inquiring about the doubtful contracts and the possibly wasted relief money during the previous disasters and COVID-19 emergencies.

Specifically, the committee chairman asked the governor to turn over information about the contract for the COVID-19 tests, and the other investigations "into 'possible malfeasance'" by the local administration during the past four years.

Several days after admitting Puerto Rico's COVID-19 count was not accurate, Health Secretary Lorenzo Gonzalez said on Tuesday that, "as of April 19, Puerto Rico had 915 confirmed COVID-19 cases," 218 less than the department's previously reported figure for the said date. Meanwhile, deaths have reached 67.


Civil Immunity Granted

According to Ariel Caro Perez, the president of Puerto Rico College of Lawyers, even though Gov. Vasquez has extensive powers in times of emergencies, the apprehension lies in a pronouncement of protection that could violate a right which the Supreme Court recognizes.

Expressly, the right referred to is the right of the medical malpractice victims to have access to courts for the claiming of their rights. Additionally, Carlo Perez said that, based on the legal system, the Legislative Assembly is the one weighing the patients' rights vis a vis the health professionals' protection.

Nevertheless, the law cannot interfere as well, with the rights of the patients shielded, the legislature also cannot interfere with patients' rights "protected in the Constitution." Caro Pérez explained, too, that the order has an issue of excessive amplitude as it appears to cover all medical procedures, not just those that are linked to COVID-19. 

In his opinion, the CAPR president, who is also a medical malpractice professor at the Faculty of Law of the Inter-American University, said, "This breadth cancels the order" or should have it overturned. 

Essentially, the said order is wide-ranging around the medical facilities it comprises. Specifically, it includes treatment and diagnostic centers, extended care facilities, rehabilitation centers, ambulatory surgery centers, clinical laboratories, home health service programs, telemedicine services, radiological facilities, and medical offices, among others.


Governor's Order to Cancel the Contract

Gov. Vasquez ordered the cancellation of all contracts of Apex General Contractors with the Puerto Rican Government, and all other contracts linked to Juan Maldonado, former Maritime Transportation Authority (ATM) director, who was granted the "million-dollar contract" for the failed acquisition of COVID-19 test kits.

Similarly, the order also specified that the contractual arrangements between the Medical Sciences Campus of the University of Puerto Rico must be dismissed.


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