Missouri serves China in COVID suit following local court action

A federal lawsuit filed in Cape Girardeau last year against the Chinese government and other parties in connection with the COVID-19 pandemic was officially served Tuesday following a ruling last week by U.S. District Court Judge Stephen N. Limbaugh, Jr.

The suit, filed by Missouri Attorney General Eric Schmitt in April 2020 in the U.S. District Court in Cape Girardeau, alleges China suppressed information and denied the "contagious nature of the 2019 novel coronavirus," resulting in "enormous loss of life, human suffering and economic turmoil" in Missouri.

Missouri was the first state to sue China over the pandemic. A similar lawsuit was later filed by the state of Mississippi. A number of businesses throughout the U.S. have also filed coronavirus-related litigation against the Chinese government.

"Today, after working tirelessly to navigate the complexities of international law, the (Missouri) Attorney General's office effectuated service of process against the Chinese Communist Party, the Wuhan Institute for Virology, and the Chinese Academy of Sciences," Schmitt said Tuesday. "Despite China's stonewalling, my office remains determined to hold the Chinese authorities accountable for unleashing the COVID-19 pandemic."

Schmitt said his office first attempted to serve Chinese authorities through The Hague Convention, which requires participation of the Chinese foreign ministry. In February the Chinese government objected to service under provisions of The Hague Convention, but last week Limbaugh granted Schmitt's motion for alternative service, allowing three defendants to be served by email and the People's Republic of China and its subdivisions to be served through diplomatic channels.

The additional Chinese subdivisions included in the litigation are the National Health Commission of the People's Republic of China, the Ministry of Emergency Management of the People's Republic of China, the Ministry of Civil Affairs of the People's Republic of China, the People's Government of Hubei Province, and the People's Government of Wuhan City.

"All Americans have an overpowering interest in achieving truth and accountability regarding the outbreak of the COVID-19 pandemic," according to a statement issued by Schmitt's office Tuesday. "This lawsuit serves the interests of all Americans, not just Missourians."

The lawsuit seeks relief on one count of "public nuisance," one count of "abnormally dangerous activities," and two counts of "breach of duty." Remedies, according to a statement from Schmitt's office when the suit was filed, could include civil penalties as well as actual and punitive damages.

It is unclear at this time whether the lawsuit will lead to an actual trial and where that trial might take place. Chris Nuelle, Schmitt's press secretary, told the Southeast Missourian the case could eventually be heard in Cape Girardeau. "But I don't want to get too far on hypotheticals," he said in a text message Tuesday.

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