“A bill to amend the Public Health Service Act to end the liability shield for vaccine manufacturers, and for other purposes.”
No CRS summary available for this bill.
This section revises the National Vaccine Injury Compensation Program (VICP)—a no-fault system that compensates certain vaccine-related injuries or deaths and previously served as the exclusive remedy, shielding vaccine administrators and manufacturers from civil liability—by (1) authorizing persons to bring civil actions in state or federal court against vaccine administrators or manufacturers for vaccine-related injuries or deaths beginning on the date of enactment, irrespective of any VICP petition; (2) barring VICP petitions if a civil action results in damages (and vice versa); (3) repealing provisions on elections to pursue civil actions, manufacturer standards of responsibility, and special trials; and (4) making conforming amendments to attorneys' fees, compensation payments, limitations periods, and program termination rules. (Thus, vaccine-injured persons may pursue traditional tort remedies directly against manufacturers and administrators.) This section further excludes vaccines used to mitigate, prevent, or treat COVID-19 from the definition of covered countermeasures under the PREP Act (i.e., products with liability immunity during public health emergencies).