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^ HR-9828: End the Vaccine Carveout Act (Gosar)

AVFCA Commentary: HR 9828, introduced by Rep. Paul Gosar, seeks to repeal the liability protections granted to vaccine manufacturers under the 1986 National Childhood Vaccine Injury Act (NCVIA). This legislation aims to restore individuals' ability to sue vaccine manufacturers directly in court, providing an alternative to the current Vaccine Injury Compensation Program (VICP). In 1986, the NCVIA was enacted, offering nearly complete liability protection to vaccine manufacturers. Since then, individuals injured by vaccines have had to seek compensation through the VICP. However, this program is not a traditional court and lacks several legal protections, including the right to subpoena, discovery and compelling evidence. Moreover, damages for death are capped at $250,000, and attorneys representing plaintiffs are paid by the government. The "vaccine court" has faced criticism for its limited recognition and compensation of injuries, although it has paid out over $4 billion in claims since its inception. Most recent claims have involved arm injuries caused by flu shots. Following the 2011 Supreme Court decision in Bruesewitz v. Wyeth, individuals can no longer pursue lawsuits in state courts after undergoing the VICP process. Since 1986, the vaccine market has expanded significantly, growing from less than $100 million to over $34 billion in 2023, while manufacturers have remained shielded from most lawsuits. HR 9828 seeks to end these liability protections, holding vaccine companies accountable and restoring citizens' rights to pursue legal recourse for vaccine injuries. With over 30 co-sponsors, this bill has the potential to reshape the legal landscape for vaccine injury compensation in the U.S.
Legislation Details
Bill Name: End the Vaccine Carveout Act
Bill Number: HR-9828
Bill Author(s): AZ Representative Paul Gosar
Legislative Session / Year: 2024
State: Federal
AVFCA Position: Support
Bill Synopsis: The bill will 1. Restore Legal Accountability: The bill eliminates immunity protections for vaccine manufacturers, allowing injured individuals to sue in state or federal courts. 2. Litigation Flexibility: Victims will have the option to either utilize the VICP or file a lawsuit in a traditional court setting. 3. Extended Time for Lawsuits: HR 9828 removes the existing 2-3 year statute of limitations, enabling anyone injured since 1986 to file a claim. 4. COVID-19 Vaccine Liability: The legislation removes COVID-19 vaccines from the Countermeasures Injury Compensation Program (CICP), making them subject to the same liability rules as other vaccines.
LegInfo Bill Link: https://www.congress.gov/bill/118th-congress/house-bill/9828#:~:text=Summary%20of%20H.R.9828%20-%20118th%20Congress
Most Recent Bill Analysis:
Effective Date if Passed: 01/01/2025
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BILL STATUS

Introduced

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Referred to the House Committee on Energy and Commerce

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