§2. No Federal immunity from, or limitation on, liability for manufacturers for loss caused by a COVID–19 vaccine
This section prohibits federal law from making manufacturers of COVID-19 vaccines immune from suit or limiting their liability for claims for loss caused by, arising out of, relating to, or resulting from the administration or use of a COVID-19 vaccine. It specifically overrides sections 319F-3, 2111, and 2122 of the Public Health Service Act (42 U.S.C. 247d-6d, 300aa-11, 300aa-22), which otherwise provide liability protections in certain circumstances. (Thus, vaccine manufacturers could be sued under applicable law for COVID-19 vaccine-related claims.)
This section also preserves access to compensation through the Countermeasures Injury Compensation Program under section 319F-4 of the Public Health Service Act (42 U.S.C. 247d-6e) and the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act (42 U.S.C. 300aa-10 et seq.), and it specifies that seeking or receiving compensation through either program does not preclude an individual from bringing a civil action for the same claims. It defines a COVID-19 vaccine as a vaccine licensed or otherwise authorized by the Food and Drug Administration to prevent, mitigate, or limit harm from COVID-19 or the transmission of SARS-CoV-2 or a virus mutating therefrom. It applies retroactively to vaccine administration or use occurring before, on, or after the date of enactment.