End the Vaccine Carveout Act

This bill, titled the End the Vaccine Carveout Act, would fundamentally shift how vaccine injuries are handled in the United States. It would repeal the National Vaccine Injury Compensation Program’s (VICP) no-fault liability shield and allow individuals who allege vaccine-related injuries or deaths to sue vaccine manufacturers or administrators in state or federal court for damages, starting on the date of enactment. The bill eliminates the existing VICP pathways, standards, and trial framework, and it makes civil action the primary route for compensation, with court judgments or settlements potentially foreclosing any related VICP petition. In addition, the bill removes time limits on when a petition for compensation may be filed, effectively allowing claims to be brought at any time, and it repeals several key provisions of the VICP. It also changes how program-related fees and payments are handled and specifies that the COVID-19 vaccine would be excluded from the “covered countermeasure” definition used for certain federal protections, thereby removing those protections for COVID-19 vaccines. The overall effect is to replace a federal no-fault compensation system with direct civil liability exposure for vaccine makers and distributors, while altering related procedural and protection schemes.