End the Vaccine Carveout Act
- Bill Number
- H.R. 4668
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-07-23: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-06-01T20:37:05Z
AI-Generated Summary
Purpose of the Legislation
The "End the Vaccine Carveout Act" (H.R. 4668) aims to remove legal protections that currently shield vaccine manufacturers and administrators from lawsuits related to vaccine injuries or deaths. It seeks to allow individuals to pursue civil lawsuits directly in state or federal courts, while modifying the existing no-fault compensation system for vaccine injuries.
Key Provisions
- Civil Lawsuits Allowed: Starting from the date of enactment, people injured or harmed by vaccines (including deaths) can file civil lawsuits against vaccine manufacturers or administrators in state or federal courts, regardless of whether they have previously sought compensation through the National Vaccine Injury Compensation Program (NVICP). However, individuals cannot pursue both a lawsuit and an NVICP claim for the same injury—choosing one dismisses the other.
- Removal of Time Limits: The bill eliminates statutes of limitations (time restrictions) for filing NVICP compensation claims, allowing petitions at any time unless a lawsuit has already been pursued. This applies retroactively to past injuries.
- Repeals of Existing Rules: It repeals sections of the Public Health Service Act that:
- Require individuals to elect between NVICP compensation or a civil lawsuit.
- Set standards for manufacturer responsibility in lawsuits.
- Outline trial procedures for civil actions.
- Conforming Changes: Adjusts rules for attorneys' fees, compensation payments, and state law interactions to align with the new ability to file lawsuits without prior elections.
- Exclusion for COVID-19 Vaccines: Amends the definition of "covered countermeasure" under public health emergency laws to explicitly exclude any vaccine used to prevent, mitigate, or treat COVID-19. This removes liability protections that apply during emergencies, such as those under the PREP Act (a law providing immunity for certain countermeasures during public health crises).
Significant Changes to Existing Law
- From No-Fault to Optional Lawsuit System: Previously, the NVICP provided a no-fault alternative to lawsuits, with strict time limits (e.g., 3 years for injuries, 2-4 years for deaths) and requirements to elect between compensation or suing. The bill makes lawsuits the primary option, with NVICP as a secondary, unlimited-time choice, effectively ending the "liability shield" that barred most lawsuits against manufacturers.
- Retroactive Application: Changes to time limits apply as if they were part of the original NVICP law, potentially reopening old claims.
- Emergency Protections Removed: COVID-19 vaccines lose their status as protected "countermeasures," allowing lawsuits without the broad immunity granted during public health emergencies.
Potential Impacts
- On Citizens: Individuals harmed by vaccines may have easier access to civil courts for damages, potentially leading to higher compensation through juries or settlements. However, this could increase legal costs and complexity, and might discourage vaccination if perceived risks of lawsuits rise.
- On Government Agencies: The Department of Health and Human Services (HHS), which administers the NVICP, will see reduced exclusivity in handling claims, possibly lowering program usage but increasing oversight of related lawsuits. Funding for the NVICP (via a vaccine excise tax) may face adjustments if fewer claims are filed.
- On Vaccine Manufacturers and Administrators: Ends broad immunity, exposing companies to financial risks from lawsuits, which could raise vaccine prices, slow innovation, or reduce supply. Healthcare providers (administrators) may also face direct liability.
- On International Relations: Minimal direct impact, though it could affect U.S. vaccine exports or collaborations if foreign manufacturers view the U.S. market as riskier due to liability changes.
Main Stakeholders Affected
- Vaccine-Injured Individuals and Families: Gain options for legal recourse but may face longer, more adversarial processes.
- Vaccine Manufacturers (e.g., Pfizer, Moderna): Lose protections, facing potential surge in litigation, especially for COVID-19 vaccines.
- Healthcare Providers and Administrators: Increased risk of being sued for administering vaccines.
- Government and Taxpayers: HHS and the U.S. Court of Federal Claims handle shifted caseloads; the NVICP fund (supported by a tax on vaccines) could see altered demand.
- Public Health Advocates and Insurers: May influence vaccination rates and insurance premiums for healthcare.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Shifts from a streamlined, no-fault system (designed to avoid lengthy trials and ensure vaccine supply) to a traditional tort (civil wrongdoing) system, potentially overwhelming courts with claims. Retroactivity could raise due process questions under the Constitution if it revives time-barred cases, though it aligns with Congress's authority over federal programs.
- Constitutional Implications: No major challenges anticipated, as it amends existing statutes without infringing core rights; however, it could indirectly affect the Fifth Amendment's takings clause if manufacturers argue lost protections equate to property devaluation.
- Political Implications: Sponsored by a group of Republican representatives, the bill reflects debates over vaccine mandates and emergency powers, potentially fueling polarization on public health policy. If passed, it could set precedents for limiting executive branch immunities in future crises.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (30)
Rep. Biggs, Andy [R-AZ-5], Rep. Boebert, Lauren [R-CO-4], Rep. Brecheen, Josh [R-OK-2], Rep. Burchett, Tim [R-TN-2], Rep. Burlison, Eric [R-MO-7], Rep. Collins, Mike [R-GA-10], Rep. Crane, Elijah [R-AZ-2], Rep. Davidson, Warren [R-OH-8], Rep. Donalds, Byron [R-FL-19], Rep. Greene, Marjorie Taylor [R-GA-14], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Harris, Andy [R-MD-1], Rep. Higgins, Clay [R-LA-3], Rep. Jackson, Ronny [R-TX-13], Rep. Luna, Anna Paulina [R-FL-13], Rep. Mace, Nancy [R-SC-1], Rep. Massie, Thomas [R-KY-4], Rep. Miller, Mary E. [R-IL-15], Rep. Mills, Cory [R-FL-7], Rep. Moore, Barry [R-AL-1], Rep. Nehls, Troy E. [R-TX-22], Rep. Norman, Ralph [R-SC-5], Rep. Ogles, Andrew [R-TN-5], Rep. Roy, Chip [R-TX-21], Rep. Self, Keith [R-TX-3], Rep. Spartz, Victoria [R-IN-5], Rep. Steube, W. Gregory [R-FL-17], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Timmons, William R. [R-SC-4], Rep. Fuller, Clay [R-GA-14]
Recent Actions
- 2025-07-23: Referred to the House Committee on Energy and Commerce.
- 2025-07-23: Introduced in House
- 2025-07-23: Introduced in House
Bill Versions
- End the Vaccine Carveout Act — issued 2025-07-23 — PDF (9 pages)