End the Vaccine Carveout Act

Jul 23, 2025
Jul 23, 2025

Summary

Allows people to sue vaccine makers in court for injuries or deaths believed to be caused by a vaccine, removing their special legal protections.

What problem does this solve?

Currently, vaccine manufacturers are protected from most lawsuits over vaccine injuries, forcing people into a special government compensation program. This bill removes that protection, allowing individuals to sue manufacturers directly in court.

What does this bill do?

Allows lawsuits against vaccine manufacturers
Lets people sue vaccine makers and administrators in state or federal court for injuries or death. People can choose to sue or use the existing compensation program, but not both.
Removes deadlines for injury compensation claims
Eliminates the time limits for filing a petition for compensation under the National Vaccine Injury Compensation Program for a vaccine-related injury or death.
Excludes COVID-19 vaccines from special protections
Changes the definition of a 'covered countermeasure' to specifically exclude any vaccine used to treat or prevent COVID-19, removing them from a separate liability shield.
Repeals key liability protection laws
Removes several parts of the Public Health Service Act that currently protect vaccine manufacturers from lawsuits by setting special rules for responsibility and trials.

Who does this affect?

  • Vaccine manufacturers
  • Individuals with vaccine-related injuries
  • Public health agencies

What is the real world impact?

Increases manufacturer accountability
Makes vaccine manufacturers legally responsible for injuries or deaths caused by their products, similar to makers of other products. This creates a financial reason for them to make vaccines as safe as possible.
Could risk vaccine availability
Critics may argue that removing legal protections could cause manufacturers to stop making certain vaccines or raise prices significantly to cover lawsuit costs. This could make it harder to respond to public health crises.
Expands legal options for individuals
Gives people who believe they were harmed by a vaccine the choice to sue in court instead of being limited to the National Vaccine Injury Compensation Program, potentially allowing for larger financial awards.

When does this start?

The changes would take effect as soon as the bill is signed into law, with some provisions applying retroactively.
Retroactive removal of filing deadlines
The removal of time limits for filing claims with the National Vaccine Injury Compensation Program applies retroactively, as if it were part of the original law.