Sens. Rand Paul, R-Ky., and Mike Lee, R-Utah, have introduced legislation to repeal long-standing liability protections for vaccine manufacturers and allow more vaccine injury claims to proceed in civil court.
The End the Vaccine Carveout Act would amend the Vaccine Injury Compensation Program, a federal system created in the 1980s to review injury and wrongful death claims and compensate individuals using excise tax funds collected on vaccines, according to the Washington Examiner.
Under current law, most claims must first be filed through the federal program before plaintiffs can pursue traditional litigation.
Paul and Lee seek to remove that requirement, opening manufacturers to direct lawsuits.
The legislation would also exclude COVID-19 vaccines from the designation of "covered countermeasures" under the Public Readiness and Emergency Preparedness Act, removing certain immunity protections for manufacturers, distributors, and administrators.
Paul described the existing framework as "cronyism" that prevents patients from going "through the normal legal process."
"When it comes to vaccines, and in many cases the COVID vaccine, the rules are rigged: you're funneled into a federal no-fault program that limits damages, restricts your options, and — in many cases — leaves people without real justice," Paul said in a statement.
Lee called the protections "unconstitutional vaccine carveouts," arguing they prevent injured patients from exercising their Seventh Amendment right to a jury trial.
"Americans have a constitutional right to a trial by jury, but current laws allow Big Pharma players to dodge accountability and bar victims from pursuing their cases," Lee said.
"Many of these patients were forced to get vaccinated or lose their jobs during the pandemic and are now dealing with permanent and very serious complications."
Rep. Paul Gosar, R-Ariz., introduced a House version of the legislation and said the bill "restores fairness, strengthens trust, and puts patients — not special interests — first."
"No product should be shielded from accountability simply because it is labeled a vaccine," Gosar said.
"Americans deserve equal protection under the law, full transparency, and the right to seek justice when harmed."
Public health experts and industry representatives have cautioned that changes to the liability framework could affect vaccine production and access.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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