S. 3853: End the Vaccine Carveout Act

This bill, known as the End the Vaccine Carveout Act, proposes several changes to the way vaccine manufacturers are held liable for vaccine-related injuries or deaths. Here are the main points outlined in the bill:

Ending the Liability Shield for Vaccine Manufacturers

The bill seeks to amend the Public Health Service Act to eliminate certain legal protections that currently shield vaccine manufacturers from liability. Key changes include:

• Civil Actions Against Manufacturers: It would allow individuals to file lawsuits against vaccine administrators or manufacturers in state or federal court for damages without needing to go through the National Vaccine Injury Compensation Program (VICP) first.
• Compensation Clauses: If an individual wins a lawsuit and receives damages, they would be barred from filing for compensation under the VICP for the same injury or death, and vice versa—if they accepted compensation through the VICP, they could not sue for the same claim.
• Modification of Limitations on Actions: The bill would change how time limitations apply to vaccine-related injuries, potentially making it easier for individuals to take legal action.

Repeal of Specific Sections

The bill also repeals several sections of the Public Health Service Act that currently provide a structure for liability limitations, including:

• Provisions related to the election to file a civil action after receiving compensation.
• Standards of responsibility for vaccine manufacturers.
• Trial provisions related to vaccine injury claims.

Exclusion of COVID-19 Vaccines from Liability Protections

Furthermore, the bill specifies that COVID-19 vaccines would not be classified as “covered countermeasures,” therefore not benefiting from certain legal protections afforded to vaccines under the Public Health Service Act. This means that claims related to these vaccines would potentially be subject to standard legal accountability.

Additional Changes to Compensation and Legal Processes

The bill includes additional modifications to regulations surrounding:

• The awarding and payment of compensation for vaccine-related injuries.
• Special rules that limit when and how claims can be filed against vaccine manufacturers.

Implementation Timeline

The changes would take effect immediately upon the enactment of the bill.

Relevant Companies

• PFE (Pfizer Inc.): As a major manufacturer of COVID-19 vaccines among other vaccines, this company could face increased liability risk under the new provisions, allowing individuals to sue for vaccine-related injuries.
• MRNA (Moderna, Inc.): The company produces COVID-19 vaccines and would similarly be subject to lawsuits for alleged injuries, which could affect its legal and financial standing.
• JNJ (Johnson & Johnson): Manufacturer of vaccines, including those for COVID-19, may experience greater financial and operational implications due to potential lawsuits arising from the removal of liability protections.