End the Vaccine Carveout Act
Summary
The "End the Vaccine Carveout Act" aims to remove liability protections for vaccine manufacturers under the Public Health Service Act. It seeks to amend the National Vaccine Injury Compensation Program (VICP) and allow individuals to pursue civil actions against vaccine manufacturers for vaccine-related injuries or deaths, irrespective of participation in the VICP.
Additionally, the bill excludes COVID-19 vaccines from the definition of 'covered countermeasure,' thereby removing liability shields specifically for these vaccines. It repeals sections related to election of civil action, standards of responsibility, and trial within the Public Health Service Act concerning vaccine injury compensation.
The bill also retroactively applies amendments related to limitations of actions and includes conforming amendments to align with the proposed changes.
Expected Effects
If enacted, this bill would significantly alter the landscape of vaccine litigation and compensation. Vaccine manufacturers could face increased lawsuits, potentially leading to higher vaccine costs or reduced vaccine availability.
Individuals alleging vaccine-related injuries would have the option to pursue civil suits directly, bypassing the VICP. This could lead to longer and more complex legal battles, but also potentially higher compensation awards in some cases.
The exclusion of COVID-19 vaccines from liability protections could particularly impact the availability and cost of these vaccines.
Potential Benefits
- Increased accountability for vaccine manufacturers through direct civil lawsuits.
- Potential for higher compensation awards for individuals injured by vaccines.
- Greater transparency regarding vaccine safety and potential adverse effects.
- Empowerment of individuals to seek legal recourse outside of the VICP.
- Could incentivize manufacturers to produce safer vaccines.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased vaccine costs due to manufacturer liability and legal expenses.
- Possible reduction in vaccine availability if manufacturers withdraw from the market due to liability concerns.
- Increased litigation and court congestion.
- Uncertainty and delays in compensation for vaccine-related injuries due to lengthy court proceedings.
- Discourages innovation in vaccine development due to liability risks.
Constitutional Alignment
The bill's alignment with the U.S. Constitution is complex. While it doesn't directly infringe on enumerated rights, its impact on interstate commerce (Article I, Section 8) through potential disruptions to vaccine supply could be debated.
The Seventh Amendment, guaranteeing the right to a jury trial in civil cases, is arguably reinforced by allowing direct lawsuits against manufacturers. However, the potential chilling effect on vaccine development could indirectly affect the "general Welfare" (Preamble).
There is no direct conflict with the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).