HR4668-119

What This Bill Does

The End the Vaccine Carveout Act rewrites key parts of the National Vaccine Injury Compensation Program and related liability protections. Beginning on enactment, a person alleging vaccine-related injury or death may bring a civil action against a vaccine administrator or manufacturer in state or federal court for damages, regardless of whether the person has filed a compensation petition under the Program. The bill prevents double recovery: a civil judgment or settlement bars a later Program petition and dismisses any pending petition, while Program compensation bars a later civil action and dismisses any pending civil action. It removes the 36-month injury petition deadline, 24-month death petition deadline, and 48-month onset-related death deadline by allowing petitions at any time unless barred by the civil-action election rule. It repeals section 2121's civil-action election provision and repeals sections 2122 and 2123, which had limited certain civil actions and manufacturer liability. It updates compensation and statute-of-limitations cross-references and changes the PREP Act covered-countermeasure definition so covered countermeasures do not include vaccines used to mitigate, prevent, or treat COVID-19.

Who Benefits and How

People alleging vaccine-related injuries benefit from direct access to state or federal court without first completing the Vaccine Injury Compensation Program. Families alleging vaccine-related deaths benefit from removal of several petition filing deadlines. Plaintiff attorneys handling vaccine injury claims benefit from a larger civil-litigation path against administrators and manufacturers. Vaccine Injury Compensation Program petitioners benefit from the option to pursue program compensation without short filing deadlines unless they recover in court.

Who Bears the Burden and How

Vaccine manufacturers face civil damages suits in state or federal court for vaccine-related injury or death. Vaccine administrators face similar civil-action exposure for vaccine-related injury or death. HHS vaccine program administrators must apply new election and petition timing rules. COVID-19 vaccine manufacturers lose PREP Act covered-countermeasure treatment under the amended definition.

Key Provisions

• Authorizes civil actions against vaccine administrators and manufacturers for vaccine-related injury or death.
• Bars double recovery by requiring dismissal of petitions after civil recovery and dismissal of civil actions after Program compensation.
• Removes several VICP petition filing deadlines by allowing petitions at any time unless barred by the election rule.
• Repeals statutory provisions limiting vaccine civil actions and manufacturer liability.
• Excludes COVID-19 vaccines from the PREP Act covered-countermeasure definition.