# Plain Language Summary of H.R. 9366

This bill would fundamentally change how vaccine manufacturers are held responsible for injuries caused by vaccines that the government requires people to take. Currently, vaccine makers have broad legal protection from lawsuits if someone is injured by a vaccine. This bill would remove that protection specifically for vaccines that are mandated by the government or by employers and institutions that receive government funding.

Here's what that means in practical terms: If a vaccine is required by federal or state agencies, or by a hospital, school, or business that gets government money, and someone claims they were injured by that vaccine, they could now sue the manufacturer directly instead of going through the government's vaccine injury compensation program. The bill also prevents new vaccines from being added to the government's vaccine injury table if they're mandated without informed consent or without offering religious or medical exemptions. This essentially creates a two-tier system where mandated vaccines have less legal protection for manufacturers than optional vaccines do.

The real-world impact would be significant. Vaccine manufacturers would face much greater financial risk and potential liability costs for any vaccine the government requires. This could make companies less willing to develop or distribute mandated vaccines, potentially affecting public health responses during disease outbreaks. People who believe they've been injured by a mandated vaccine would have more legal options to pursue compensation directly from manufacturers, but they would also bear the burden and expense of proving their case in court rather than using the existing government compensation system, which is designed to be faster and easier to navigate.

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.

Gohmert, Louie

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).