PREP Repeal Act
Summary
The PREP Repeal Act aims to repeal sections 319F-3 and 319F-4 of the Public Health Service Act, effectively removing liability immunity for manufacturers of pandemic countermeasures. This action seeks to restore the ability of individuals to seek legal redress for harm caused by such products. The bill also rescinds the unobligated balances in the Covered Countermeasure Process Fund.
The Act includes provisions to preserve existing rights to pursue civil remedies under federal or state law. It applies to pending and future claims, ensuring that individuals retain the ability to seek justice for injuries or harm related to covered countermeasures.
The Act contains a severability clause, ensuring that if any provision is deemed invalid, the remaining provisions will remain in effect.
Expected Effects
If enacted, the PREP Repeal Act would eliminate liability shields for pharmaceutical companies and other entities involved in the development, distribution, and administration of covered countermeasures during public health emergencies. This would expose these entities to potential lawsuits related to injuries or harm caused by their products.
The repeal could lead to increased litigation and potentially higher costs for countermeasures, as manufacturers may need to factor in the risk of lawsuits. It might also affect the speed and willingness of companies to develop and distribute such products during future emergencies.
The rescission of funds from the Covered Countermeasure Process Fund would remove a source of compensation for individuals harmed by covered countermeasures.
Potential Benefits
- Restores the right of individuals to seek legal recourse for injuries or harm caused by pandemic countermeasures.
- Increases accountability for pharmaceutical manufacturers and other entities involved in the development and distribution of these products.
- Reinforces the principle of justice and due process for citizens affected by public health emergencies.
- May lead to greater scrutiny and safety measures in the development and deployment of countermeasures.
- Could improve public trust in the healthcare system by ensuring manufacturers are not shielded from liability.
Potential Disadvantages
- May increase the cost of developing and distributing pandemic countermeasures due to potential litigation expenses.
- Could discourage manufacturers from participating in the development and distribution of countermeasures during future public health emergencies.
- May lead to frivolous lawsuits that burden the court system.
- Could delay the availability of needed countermeasures during a pandemic if manufacturers are hesitant to produce them.
- Rescinding funds from the Covered Countermeasure Process Fund removes a potential avenue for compensating individuals harmed by countermeasures.
Most Disadvantaged Areas:
Constitutional Alignment
The PREP Repeal Act's alignment with the U.S. Constitution centers on the balance between public health measures and individual rights. The repeal of liability shields could be seen as reinforcing the principle of due process, as enshrined in the Fifth and Fourteenth Amendments, by allowing individuals to seek redress for grievances.
However, the Act's potential impact on the government's ability to respond to public health emergencies raises questions about its alignment with the Constitution's charge to "provide for the common defence" and "promote the general Welfare". The balance between these considerations determines the Act's overall constitutional alignment.
The Act does not appear to infringe upon any specific enumerated rights, such as those protected by the First or Second Amendments.
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).