Bill Overview
Title: To amend titles III and XXI of the Public Health Service Act to hold vaccine manufacturers liable for injuries caused by vaccines subject to a public mandate, and for other purposes.
Description: This bill imposes liability on manufacturers and distributors for claims for losses arising from the administration or use of certain vaccines. The bill also limits the authority of the Department of Health and Human Services (HHS) to incorporate new vaccines into the National Vaccine Injury Compensation Program (VICP), which compensates individuals for injuries or deaths associated with routinely administered vaccines. Current law generally provides liability protections for manufacturers and distributors of pandemic and epidemic products and security countermeasures (which include vaccines). This bill specifies that the liability protections shall not apply to the administration of vaccines that are (1) licensed biological products or approved for use under emergency procedures, and (2) required by federal or state governments (or federally funded entities). The bill also permits individuals to sue manufacturers and distributors in state or federal courts without first seeking compensation through the VICP process for injuries or deaths caused by the administration of such vaccines. Additionally, HHS may not add a vaccine to the Vaccine Injury Table (which lists the vaccines that are covered by the VICP) if the vaccine (1) is required by the federal government or a federally funded entity, and (2) is administered without obtaining informed consent or providing a religious exemption (if requested by the individual receiving the vaccine).
Sponsors: Rep. Gohmert, Louie [R-TX-1]
Target Audience
Population: People worldwide receiving public-mandated vaccines
Estimated Size: 334000000
- Pharmaceutical companies will be significantly impacted as they might face increased liability and lawsuits for vaccine-related injuries.
- Healthcare providers and clinics that administer vaccines mandated by the government might face operational changes, as they need to ensure informed consent and accommodate religious exemptions.
- The general public and specific communities might see changes in vaccination rates and public health outcomes due to altered vaccine mandates and potential reticence from manufacturers to distribute vaccines under new regulations.
- Individuals who believe they have suffered vaccine-related injuries will be impacted, as the avenues for seeking compensation are expanded outside the current VICP framework.
- Regulatory and public health entities, like HHS, will experience changes in how vaccines are integrated into public health mandates and may have to navigate new legal and logistical challenges.
- Legal professionals and the court system might see an increased volume of vaccine-related lawsuits.
Reasoning
- Pharmaceutical companies may pass increased liability costs onto consumers, leading to higher vaccine costs or reduced R&D investments in new vaccines.
- Healthcare providers and clinics may need to invest in additional training and documentation processes to comply with informed consent and exemption mandates, potentially increasing operational costs.
- The general public might experience changes in the availability or pricing of certain vaccines, possibly affecting vaccination rates and public health outcomes.
- People who experience adverse effects from vaccines may find it easier to pursue compensation due to expanded legal avenues outside the VICP, potentially improving their wellbeing.
- The healthcare system may face increased legal challenges, leading to a need for expanded legal and administrative resources to handle these changes.
Simulated Interviews
retired nurse (Florida)
Age: 65 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- I believe everyone should be well informed and have the choice regarding vaccines. With recent health challenges, I think this bill might ensure more transparency and safety.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 5 | 4 |
pharmaceutical executive (California)
Age: 45 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 20.0 years
Commonness: 3/20
Statement of Opinion:
- This bill is concerning for our business model. If we're facing constant lawsuits, it might deter innovation and force us to raise costs or scale back on certain R&D initiatives.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 8 |
| Year 2 | 5 | 8 |
| Year 3 | 5 | 7 |
| Year 5 | 4 | 7 |
| Year 10 | 4 | 6 |
| Year 20 | 3 | 6 |
school teacher (New York)
Age: 30 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- While I understand the right to choose, vaccines have been crucial in managing contagious diseases in school settings. Loosening vaccine requirements may impact school attendance and health safety.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 7 |
| Year 5 | 5 | 6 |
| Year 10 | 5 | 6 |
| Year 20 | 5 | 5 |
legal professional (Texas)
Age: 55 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 7.0 years
Commonness: 5/20
Statement of Opinion:
- This bill will lead to an increase in litigation, which could burden our legal system. While it provides a more direct route for claiming vaccine-related issues, the system may not be equipped to handle the volume.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 4 |
public health official (Illinois)
Age: 40 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 15.0 years
Commonness: 4/20
Statement of Opinion:
- The increased liability might send a message that vaccines are unsafe, undermining public trust. This could lead to lower vaccination rates, impacting public health negatively.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 5 | 6 |
| Year 5 | 5 | 6 |
| Year 10 | 4 | 5 |
| Year 20 | 3 | 5 |
small business owner (Ohio)
Age: 50 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- Vaccines keep my kids and others safe at school. If this bill leads to fewer vaccinations and more illnesses, it might disrupt not just health, but also the local economy from absenteeism.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 6 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 5 | 6 |
| Year 20 | 4 | 5 |
grad student (Virginia)
Age: 25 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 15.0 years
Commonness: 2/20
Statement of Opinion:
- The liability change makes me feel that we're being heard. Vaccines shouldn't be pushed without consent or accountability, and this gives people more rights to challenge.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 8 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 4 |
| Year 10 | 6 | 4 |
| Year 20 | 5 | 3 |
government health advisor (Washington)
Age: 60 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 3/20
Statement of Opinion:
- While ensuring consent and safety is important, I'm concerned this bill might hinder new vaccine developments, discouraging manufacturers from releasing necessary vaccines due to liability risks.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 4 | 6 |
| Year 5 | 4 | 5 |
| Year 10 | 3 | 5 |
| Year 20 | 3 | 4 |
parent (Georgia)
Age: 37 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- Vaccinating our kids keeps them and their classmates safe. Handcuffing vaccine manufacturers with more legal threats might lower our access to important vaccines.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 6 | 8 |
| Year 3 | 6 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 4 | 6 |
| Year 20 | 4 | 5 |
biotech researcher (New Mexico)
Age: 29 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 3/20
Statement of Opinion:
- The increased risk of lawsuits might discourage my peers and I from pursuing necessary vaccine studies and developments, fearing financial ruin over a single litigation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 4 | 6 |
| Year 5 | 3 | 5 |
| Year 10 | 3 | 5 |
| Year 20 | 3 | 4 |
Cost Estimates
Year 1: $2000000000 (Low: $1500000000, High: $2500000000)
Year 2: $2100000000 (Low: $1600000000, High: $2600000000)
Year 3: $2200000000 (Low: $1700000000, High: $2700000000)
Year 5: $2400000000 (Low: $1800000000, High: $2900000000)
Year 10: $3000000000 (Low: $2600000000, High: $3400000000)
Year 100: $10000000000 (Low: $9000000000, High: $11000000000)
Key Considerations
- The impact on public health due to potential decreases in vaccine acceptance or availability.
- Possible shifts in the legal landscape regarding product liability and implications for other medicinal products.
- The influence this could have on future vaccine development and innovation.