H.R. 4668: End the Vaccine Carveout Act
This bill, titled the End the Vaccine Carveout Act, proposes changes to the existing laws regarding vaccine manufacturers' liability for injuries or deaths caused by vaccines. It aims to amend the Public Health Service Act in the following ways:
1. Ending Liability Shield for Vaccine Manufacturers
The bill seeks to eliminate the legal protections that currently shield vaccine manufacturers from lawsuits concerning injuries or deaths related to vaccines. Specifically, it involves the following amendments:
- Individuals would be able to file civil lawsuits against vaccine administrators or manufacturers for damages resulting from vaccine-related injuries or deaths without needing to go through the National Vaccine Injury Compensation Program (NVICP) first.
- If an individual wins a lawsuit for damages, they cannot then pursue compensation through the NVICP for the same injury or death, and vice versa.
- There would be no time limitations on when a person can file a petition for compensation related to vaccine-related injuries or deaths, contrary to current rules that restrict filings to certain time frames after an incident.
- The eligibility to file claims would not be limited by previous time restrictions that currently apply to such cases.
2. Repeals Current Provisions
The bill also proposes the repeal of specific sections in the Public Health Service Act that currently provide a framework for the NVICP and its processes. This includes:
- Removal of provisions that allow vaccine manufacturers to elect to the liability shield.
- Elimination of standards of responsibility that outline the legal obligations of vaccine manufacturers.
- Ending trial provisions related to the compensation program.
3. Excluding COVID-19 Vaccines from Certain Definitions
The bill modifies the definition of "covered countermeasure" to clearly exclude any vaccines used for COVID-19 from the protections typically afforded under the emergency use provisions of the Public Health Service Act. This means that manufacturers of COVID-19 vaccines would not benefit from the same legal protections as other vaccines.
4. General Impact
With these amendments, the bill aims to hold vaccine manufacturers more accountable for their products. By removing the liability shield, individuals injured by vaccines may find it easier to seek and obtain compensation through civil courts, rather than relying solely on the federal compensation program.
Relevant Companies
- PFE - Pfizer Inc.: As a major manufacturer of COVID-19 vaccines, Pfizer could face increased legal challenges and financial liability associated with its vaccine products if this bill passes.
- MRNA - Moderna, Inc.: Moderna, which also produces COVID-19 vaccines, may experience similar impacts regarding litigation and liability concerns resulting from this legislation.
- JNJ - Johnson & Johnson: As a vaccine producer, J&J could be affected by increased lawsuits related to its vaccine offerings, including those used during the pandemic.
This is an AI-generated summary of the bill text. There may be mistakes.
Sponsors
30 bill sponsors
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TrackPaul A. Gosar
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TrackAndy Biggs
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TrackLauren Boebert
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TrackJosh Brecheen
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TrackTim Burchett
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TrackEric Burlison
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TrackMike Collins
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TrackElijah Crane
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TrackWarren Davidson
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TrackByron Donalds
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TrackMarjorie Taylor Greene
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TrackHarriet M. Hageman
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TrackAndy Harris
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TrackClay Higgins
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TrackRonny Jackson
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TrackAnna Paulina Luna
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TrackNancy Mace
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TrackThomas Massie
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TrackMary E. Miller
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TrackCory Mills
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TrackBarry Moore
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TrackTroy E. Nehls
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TrackRalph Norman
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TrackAndrew Ogles
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TrackChip Roy
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TrackKeith Self
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TrackVictoria Spartz
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TrackW. Gregory Steube
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TrackWilliam R. Timmons IV
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TrackRandy K. Weber, Sr.
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Actions
2 actions
| Date | Action |
|---|---|
| Jul. 23, 2025 | Introduced in House |
| Jul. 23, 2025 | Referred to the House Committee on Energy and Commerce. |
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