New Vaccine Liability Bill Would Open Door to More Lawsuits Against Manufacturers

A new bill introduced in the U.S. House of Representatives aims to significantly alter the legal protections currently enjoyed by vaccine manufacturers. According to congressional records, H.R.4668, sponsored by Rep. Paul Gosar (R-AZ), seeks to amend the Public Health Service Act by eliminating liability shields that have long insulated vaccine producers from direct civil lawsuits. While the full text of the new proposal has not yet been published, a nearly identical version introduced by Gosar last year offers a detailed preview of the legislation’s likely content.

If passed, the bill would allow individuals to bypass the National Vaccine Injury Compensation Program (VICP) and file civil lawsuits directly against vaccine manufacturers and administrators in state or federal courts. Currently, claims related to vaccine injuries must first be adjudicated through the VICP, which provides a no-fault alternative to traditional legal proceedings. The new measure would reverse key provisions of that process, eliminating multiple statutory sections that previously restricted civil litigation in favor of administrative compensation.

The bill would also eliminate time limits for filing injury and death claims under the VICP, allowing such petitions to be submitted indefinitely unless a civil suit has already been resolved. Conversely, if a civil lawsuit results in compensation, any related petition within the federal compensation program would be dismissed, and vice versa. These changes could result in a significant increase in lawsuits against vaccine makers and healthcare providers, with unknown implications for vaccine availability, pricing, and public health infrastructure.

Additionally, the proposal includes language explicitly removing COVID-19 vaccines from the federal definition of a “covered countermeasure,” effectively stripping them of the legal immunity granted under the Public Readiness and Emergency Preparedness (PREP) Act. This change could expose COVID-19 vaccine manufacturers to a wave of new lawsuits, and potentially disincentivize production and innovation for future public health emergencies.

The bill has been referred to the House Committee on Energy and Commerce. No vote has been scheduled, and it remains uncertain whether the bill will advance beyond the committee stage. If enacted, the legislation would mark one of the most significant shifts in federal vaccine policy in decades, with direct consequences for both manufacturers and consumers.

Article by multiple contributors, based upon information from a congressional press release and historical bill text from the U.S. House of Representatives

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