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U.S. Senator Rand Paul has introduced legislation that would repeal the federal liability shield protecting vaccine manufacturers and restore the right of injured individuals to pursue civil action in court.
Since the passage of the National Childhood Vaccine Injury Act in 1986, vaccine manufacturers have enjoyed sweeping immunity from liability for injuries and deaths caused by their products.
Vaccines remain the only pharmaceutical product category granted this extraordinary legal protection.
Senate Bill 3853 was referred to the Committee on Health, Education, Labor, and Pensions on 2-11-26.
Please act TODAY!
TAKE ACTION
Contact your two U.S. Senators and ask them to SUPPORT and co-sponsor S.3853.
Find your U.S. Senators here:
https://www.senate.gov/senators/senators-contact.htm
Phone calls are most effective, but emails help too.
SAMPLE SCRIPT
“Hello, my name is ___ and I’m a constituent. I’m calling to urge Senator ___ to SUPPORT and co-sponsor S.3853.
This bill is important to me because it restores the right of Americans to hold vaccine manufacturers accountable in civil court for injuries and deaths caused by their products.
No industry should be granted blanket immunity from liability. The inability to sue removes the strongest incentive companies have to ensure product safety.
Please support S.3853 and help restore accountability.
Thank you.”
TALKING POINTS
- In 1986, Congress removed Americans’ right to sue vaccine manufacturers through the National Childhood Vaccine Injury Act, replacing jury trials with a special administrative compensation system. If passed, S.3853 would reform the Act to allow people who suffer vaccine-related injury or death to sue the vaccine manufacturer in state or federal court without first being required to file a National Vaccine Injury Compensation Program claim.
- The bill also strips away the immunity shield for makers and providers of Covid-19 shots, established under the Public Readiness and Emergency Preparedness (PREP) Act. The bill would amend the PREP Act by excluding Covid-19 shots from the definition of “covered countermeasures.”
- Vaccines are the only pharmaceutical product category granted sweeping federal liability protection, shielding manufacturers from civil lawsuits.
- Since 1990, more than 2.7 million adverse events have been reported to the federal Vaccine Adverse Event Reporting System (VAERS). A CDC-funded study found that as few as 1% of vaccine injuries may be reported, suggesting the true number could be significantly higher.
- The creation of specialized compensation programs has limited transparency and removed injured individuals’ ability to present their case before a jury of their peers
- Basic constitutional rights, including the Seventh Amendment right to a jury trial, should not be suspended to benefit any politically favored industry.
- Restoring the right to sue does not ban vaccines — it simply ensures that manufacturers are held to the same legal standard as other pharmaceutical companies.
MORE INFORMATION
S.3853 — Bill status:
https://www.congress.gov/bill/119th-congress/senate-bill/3853/all-info
Note: The text for S.3853 has not been published yet, but we can assume it will be the same or similar to the End the Carveout Act:
https://www.congress.gov/bill/119th-congress/house-bill/4668/text
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It’s horrible that we lost the ability to sue when damage occurs
This was a bad government policy that has hurt our nation for to long
Repeal 1986 act!