Bill > S3853

This bill, titled the "End the Vaccine Carveout Act," aims to alter the Public Health Service Act by removing the existing legal protections, often referred to as a "liability shield," that currently shield vaccine manufacturers from certain lawsuits. Specifically, it would allow individuals who suffer a vaccine-related injury or death to directly sue vaccine administrators or manufacturers in state or federal court, regardless of whether they have already sought compensation through the National Vaccine Injury Compensation Program (NVICP), a program established to compensate individuals for vaccine injuries. Conversely, if compensation is received through the NVICP, individuals would be barred from filing a separate lawsuit. The bill also makes several technical changes and repeals certain sections related to the NVICP, and importantly, it explicitly excludes COVID-19 vaccines from the definition of "covered countermeasures" under a specific section of the Public Health Service Act, meaning they would not be subject to the same emergency use authorization provisions that might otherwise limit liability.

Health and Social Services

https://www.congress.gov/bill/119th-congress/senate-bill/3853/all-info