End the Vaccine Carveout Act
United States119th CongressS-3853Senate
Updated: Feb 11, 2026
Summary
The "End the Vaccine Carveout Act" aims to significantly alter the liability landscape for vaccine manufacturers and administrators. It amends the Public Health Service Act to permit individuals to directly initiate a **civil action** in State or Federal court for damages arising from a vaccine-related injury or death, thereby removing the prior mandate to first pursue compensation through the **National Vaccine Injury Compensation Program (NVICP)**. This legislation establishes a clear choice: a civil judgment or settlement precludes an NVICP petition, and an NVICP award prevents a civil action. To implement these changes, the bill repeals several existing sections of the Public Health Service Act concerning civil action elections and standards of responsibility within the NVICP framework. Furthermore, a key provision of the Act explicitly **excludes COVID-19 vaccines** from the definition of a "covered countermeasure," effectively eliminating the **liability shield** previously afforded to their manufacturers under the PREP Act.
Bill texts
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Timeline
Latest companion bill action
HR-4668: End the Vaccine Carveout ActReferred to the House Committee on Energy and Commerce.
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Senate
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