H.R. 4668: End the Vaccine Carveout Act

This bill removes liability protections for manufacturers and administrators for vaccine-related injuries, and removes limitations on bringing civil actions for vaccine-related injuries or seeking compensation, under the National Vaccine Injury Compensation Program (VICP). It also excludes COVID-19 vaccines from liability protections under the Countermeasures Injury Compensation Program (CICP).

Under current law, the VICP provides compensation for alleged injuries caused by certain routinely administered vaccines. Individuals generally may not file a civil action in court unless a VICP claim is filed and the resulting judgement is rejected. The VICP also limits the types of claims and amount of damages that may be sought (e.g., no liability for unavoidable side effects or failure to directly warn), and it imposes deadlines for filing claims. The bill removes the requirement to first file a claim under the VICP before pursuing a civil action, so individuals alleging vaccine-related injuries may choose to either bring a civil action or utilize the VICP. It also removes the restrictions on the types of civil actions and damages. The bill also removes the deadlines for filing claims under the VICP and applies this change retroactively.

Additionally, under current law, the CICP provides compensation for alleged injuries caused by certain medical countermeasures during public health emergencies, including COVID-19 vaccines. The bill excludes COVID-19 vaccines from being considered as medical countermeasures. Therefore, under the bill, individuals may file civil actions against manufacturers of COVID-19 vaccines rather than filing claims under the CICP.

Written by the Congressional Research Service, Library of Congress.