To amend the Public Health Service Act to end the liability shield for vaccine manufacturers, and for other purposes.

9/26/2024, 8:05 AM

End the Vaccine Carveout Act

This bill removes liability protections for manufacturers and administrators for vaccine-related injuries, and removes limitations on bringing civil actions for vaccine-related injuries or seeking compensation, under the National Vaccine Injury Compensation Program (VICP). It also excludes COVID-19 vaccines from liability protections under the Countermeasures Injury Compensation Program (CICP). 

Under current law, the VICP provides compensation for alleged injuries caused by certain routinely administered vaccines. Individuals generally may not file a civil action in court unless a VICP claim is filed and the resulting judgement is rejected. The VICP also limits the types of claims and amount of damages that may be sought (e.g., no liability for unavoidable side effects or failure to directly warn), and it imposes deadlines for filing claims. The bill removes the requirement to first file a claim under the VICP before pursuing a civil action, so individuals alleging vaccine-related injuries may choose to either bring a civil action or utilize the VICP. It also removes the restrictions on the types of civil actions and damages. The bill also removes the deadlines for filing claims under the VICP and applies this change retroactively.

Additionally, under current law, the CICP provides compensation for alleged injuries caused by certain medical countermeasures during public health emergencies, including COVID-19 vaccines. The bill excludes COVID-19 vaccines from being considered as medical countermeasures. Therefore, under the bill, individuals may file civil actions against manufacturers of COVID-19 vaccines rather than filing claims under the CICP.

Bill 118 hr 9828, also known as the "Ending Vaccine Manufacturer Liability Shield Act," aims to amend the Public Health Service Act to remove the liability shield currently in place for vaccine manufacturers. This shield protects manufacturers from being held liable for any injuries or damages caused by their vaccines.

The bill seeks to hold vaccine manufacturers accountable for any harm caused by their products, ensuring that individuals who suffer adverse reactions to vaccines have the ability to seek compensation for their injuries. This change would provide greater transparency and accountability within the vaccine industry, as manufacturers would be incentivized to prioritize safety and efficacy in their products.

In addition to ending the liability shield for vaccine manufacturers, the bill also includes provisions for other purposes related to public health and safety. These additional measures are not specified in the summary, but may include regulations or guidelines aimed at improving vaccine safety and oversight. Overall, Bill 118 hr 9828 represents a significant shift in the legal landscape surrounding vaccine manufacturers, with the potential to impact the way vaccines are developed, tested, and distributed in the United States.
Congress
118

Number
HR - 9828

Introduced on
2024-09-25

# Amendments
0

Sponsors
+5

Cosponsors
+5

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

End the Vaccine Carveout Act

This bill removes liability protections for manufacturers and administrators for vaccine-related injuries, and removes limitations on bringing civil actions for vaccine-related injuries or seeking compensation, under the National Vaccine Injury Compensation Program (VICP). It also excludes COVID-19 vaccines from liability protections under the Countermeasures Injury Compensation Program (CICP). 

Under current law, the VICP provides compensation for alleged injuries caused by certain routinely administered vaccines. Individuals generally may not file a civil action in court unless a VICP claim is filed and the resulting judgement is rejected. The VICP also limits the types of claims and amount of damages that may be sought (e.g., no liability for unavoidable side effects or failure to directly warn), and it imposes deadlines for filing claims. The bill removes the requirement to first file a claim under the VICP before pursuing a civil action, so individuals alleging vaccine-related injuries may choose to either bring a civil action or utilize the VICP. It also removes the restrictions on the types of civil actions and damages. The bill also removes the deadlines for filing claims under the VICP and applies this change retroactively.

Additionally, under current law, the CICP provides compensation for alleged injuries caused by certain medical countermeasures during public health emergencies, including COVID-19 vaccines. The bill excludes COVID-19 vaccines from being considered as medical countermeasures. Therefore, under the bill, individuals may file civil actions against manufacturers of COVID-19 vaccines rather than filing claims under the CICP.

Bill 118 hr 9828, also known as the "Ending Vaccine Manufacturer Liability Shield Act," aims to amend the Public Health Service Act to remove the liability shield currently in place for vaccine manufacturers. This shield protects manufacturers from being held liable for any injuries or damages caused by their vaccines.

The bill seeks to hold vaccine manufacturers accountable for any harm caused by their products, ensuring that individuals who suffer adverse reactions to vaccines have the ability to seek compensation for their injuries. This change would provide greater transparency and accountability within the vaccine industry, as manufacturers would be incentivized to prioritize safety and efficacy in their products.

In addition to ending the liability shield for vaccine manufacturers, the bill also includes provisions for other purposes related to public health and safety. These additional measures are not specified in the summary, but may include regulations or guidelines aimed at improving vaccine safety and oversight. Overall, Bill 118 hr 9828 represents a significant shift in the legal landscape surrounding vaccine manufacturers, with the potential to impact the way vaccines are developed, tested, and distributed in the United States.
Alternative Names
Official Title as IntroducedTo amend the Public Health Service Act to end the liability shield for vaccine manufacturers, and for other purposes.

Comments

Recent Activity

Latest Summary2/19/2025

End the Vaccine Carveout Act

This bill removes liability protections for manufacturers and administrators for vaccine-related injuries, and removes limitations on bringing civil actions for vaccine-related injuries or seekin...


Latest Action9/25/2024
Referred to the House Committee on Energy and Commerce.