South Dakota could sue China for COVID-19 outbreak

Resolution calls on Attorney General to pursue financial damages for pandemic

Photo by CDC on Unsplash

Editor’s Note: This story has been corrected since publication to reflect that the $100 billion would be for South Dakota alone, not the United States.

PIERRE — The cost of the damage caused by the COVID-19 pandemic in South Dakota is $100 billion.

That’s according to Rep. Brandei Schaefbauer, the Aberdeen Republican who crafted House Concurrent Resolution 6009, calling on the Attorney General’s Office to file a lawsuit against the People's Republic of China and “related parties” — like the country’s communist party and its military — seeking financial compensation for its role in unleashing the COVID-19 virus on the world.

If the still novel lawsuit against China successfully compelled the country to turn $100 billion over to the Rushmore state — other states are taking or considering similar litigation — the attorney general would be required to establish a “South Dakota COVID-19 Victims Relief Fund” to distribute the state’s share of the funds to South Dakotans who were affected by the pandemic. The resolution caps the amount an individual could receive at $250,000.

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In support of her measure, Schaefbauer cites a recent report released by the CIA documenting the origin of the virus, concluding it likely came from a research lab in the Asian country. Her resolution blames “irresponsible and dangerous” gain-of-function viral genetic research as the cause of the outbreak.

“Central intelligence now believes COVID-19 was the product of research in a Wuhan lab,” Schaefbauer said this week. “I believe we owe it to South Dakotans to find the truth about the COVID-19 pandemic. To know how and why it happened and to hold accountable those responsible.”

If adopted by the Legislature, South Dakota would join Missouri in seeing COVID-19 damages from China. The Show Me State’s Attorney General, Andrew Bailey, has already gone to court to also demand $25 billion, threatening to seize Chinese assets in the state if the country does not comply. The Chinese government has declined to show up in court, but has responded by promising "resolute and effective measures" if the U.S. and the legal system continue to entertain litigation against it.

In a House committee hearing, HCR 6009 received no opposition testimony. But some lawmakers on the House floor Wednesday were skeptical. Rep. Kadyn Wittman questioned whether the measure would violate the Foreign Sovereign Immunities Act, which establishes the basis on which Americans can bring civil lawsuits against foreign countries, and if South Dakota courts would have jurisdiction. The Sioux Falls Democrat, along with 27 others, voted against HCR 6009.

But a majority of the House supported it.

“This may seem a shot in the dark, but look at the tobacco settlement,” said Rep. Leslie Heinemann, referring to a state civil suit initiated by former Attorney General and Gov. Bill Janklow that has resulted in hundreds of millions of dollars coming to South Dakota. “We will join with other states in potentially dealing with a settlement that could be in the billions of dollars.”

Should it also earn approval in the Senate, the Attorney General’s Office will take the directive.

“The Attorney General will do as the Legislature directs,” a spokesman for the office said in a statement.

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