This bill, known as the "End the Vaccine Carveout Act," significantly alters the landscape of vaccine manufacturer liability by amending the Public Health Service Act. Its primary purpose is to eliminate the existing liability shield for vaccine manufacturers and administrators, allowing individuals to seek damages through civil actions in State or Federal courts for vaccine-related injuries or deaths. The legislation establishes that a person may bring a civil action irrespective of whether they have filed a petition for compensation under the National Vaccine Injury Compensation Program (NVICP). The bill clarifies that if damages are awarded in a civil action, a petition under the NVICP cannot be filed, and vice versa, preventing duplicate compensation. It also removes previous time limitations for filing petitions for compensation under the NVICP, allowing them to be filed at any time unless a civil action has already resulted in an award. Furthermore, the bill repeals sections of the Public Health Service Act related to the election to file a civil action, standards of responsibility for manufacturers, and certain trial procedures within the NVICP framework. Crucially, it amends the Public Health Service Act to explicitly state that the term "covered countermeasure" does not include any vaccine used to mitigate, prevent, or treat COVID-19 , thereby removing liability protections for COVID-19 vaccine manufacturers under that specific provision.
This bill, known as the "End the Vaccine Carveout Act," significantly alters the landscape of vaccine manufacturer liability by amending the Public Health Service Act. Its primary purpose is to eliminate the existing liability shield for vaccine manufacturers and administrators, allowing individuals to seek damages through civil actions in State or Federal courts for vaccine-related injuries or deaths. The legislation establishes that a person may bring a civil action irrespective of whether they have filed a petition for compensation under the National Vaccine Injury Compensation Program (NVICP). The bill clarifies that if damages are awarded in a civil action, a petition under the NVICP cannot be filed, and vice versa, preventing duplicate compensation. It also removes previous time limitations for filing petitions for compensation under the NVICP, allowing them to be filed at any time unless a civil action has already resulted in an award. Furthermore, the bill repeals sections of the Public Health Service Act related to the election to file a civil action, standards of responsibility for manufacturers, and certain trial procedures within the NVICP framework. Crucially, it amends the Public Health Service Act to explicitly state that the term "covered countermeasure" does not include any vaccine used to mitigate, prevent, or treat COVID-19 , thereby removing liability protections for COVID-19 vaccine manufacturers under that specific provision.