Removes federal immunity for COVID-19 vaccine manufacturers, allowing individuals to sue for vaccine-related losses, while preserving access to existing compensation programs.
Chip Roy
Representative
TX-21
The LIABLE Act removes federal immunity and liability limitations for COVID-19 vaccine manufacturers, allowing individuals to sue for losses caused by the vaccines. Individuals can still seek compensation through existing federal programs, and doing so does not prevent civil action. This applies to any COVID-19 vaccine licensed or authorized by the FDA and is retroactive.
LIABLE Act: COVID-19 Vaccine Makers Can Now Be Sued for Damages - Retroactive Clause Opens Door to Past Cases
The "Let Injured Americans Be Legally Empowered Act," or LIABLE Act, changes the game for COVID-19 vaccine manufacturers. This new law strips away federal immunity that previously shielded these companies from lawsuits related to vaccine injuries. Now, individuals claiming harm from a COVID-19 vaccine can directly sue the manufacturer, even if they've already sought compensation through other government programs.
Shaking Up the System
The core of the LIABLE Act is about legal accountability. Before this, vaccine manufacturers had significant protection from lawsuits under federal law. This bill, however, removes that shield specifically for COVID-19 vaccines authorized or licensed by the FDA (SEC. 2). What does this mean in practice? If someone believes they've suffered a loss due to a COVID-19 vaccine, they now have the option to take the manufacturer to court. This doesn't replace existing compensation programs like the Countermeasures Injury Compensation Program or the National Vaccine Injury Compensation Program – people can still use those, but they're no longer the only option.
Real-World Ripple Effects
Imagine a nurse who experienced a severe, unexpected reaction after receiving a mandated COVID-19 vaccine. Previously, their recourse was limited to federal compensation programs. Now, under the LIABLE Act, that nurse could potentially sue the vaccine manufacturer directly for damages. This shift could be significant for individuals who feel their cases weren't adequately addressed by existing systems. It also applies retroactively, so it is not limited to future incidents. (SEC. 2).
The Retroactive Clause: Opening Old Wounds?
One of the most impactful parts of the LIABLE Act is its retroactive application (SEC. 2). This means the law doesn't just apply to future cases – it reaches back to cover vaccines administered before the bill's passage. This could open the door to a wave of lawsuits related to past vaccine injuries, potentially involving cases that were previously considered closed. This might be a game-changer for individuals who felt they had no legal options in the past, but it also raises questions about how courts will handle a surge of older claims.
Potential Challenges on the Horizon
While the LIABLE Act aims to empower individuals, it also presents some practical challenges. The retroactive nature of the law could lead to a flood of lawsuits, potentially straining the court system. It also raises questions about how evidence and causation will be established in older cases, where medical records and data might be less readily available.