The LIABLE Act would strip federal protections that currently shield COVID-19 vaccine manufacturers from certain lawsuits and liability limits. Specifically, no federal law could immunize a COVID-19 vaccine manufacturer from suit or cap its liability for losses caused by vaccination, and the act would apply to vaccines licensed or authorized by the FDA to prevent or mitigate COVID-19 or its transmission. The bill preserves, and explicitly coexists with, existing vaccine injury compensation programs (the Countermeasures Injury Compensation Program and the National Vaccine Injury Compensation Program), and it allows individuals to pursue civil suits even if they have sought compensation through those programs. The measure applies retroactively to vaccine administration before or after enactment. In short, the LIABLE Act would restore or maintain the ability for individuals to sue vaccine manufacturers in civil court for injuries related to a COVID-19 vaccine, while still enabling access to government-administered compensation programs as additional avenues for relief.
Key Points
- 1Prohibits federal immunity or liability limitations for COVID-19 vaccine manufacturers, for claims arising from administration or use of a COVID-19 vaccine.
- 2Explicitly preserves the option to seek compensation through the Countermeasures Injury Compensation Program (CICP) or the National Vaccine Injury Compensation Program (NVICP).
- 3Clarifies that seeking compensation through CICP/NVICP does not bar or preclude bringing a civil action for the same claims.
- 4Defines “COVID-19 vaccine” as any FDA-licensed or FDA-authorized vaccine intended to prevent, mitigate, or limit COVID-19 harm or the transmission of SARS-CoV-2 (or a related virus).
- 5Retroactive applicability: the act applies regardless of when the vaccine was administered (before or after enactment).