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H.R.9366 / 117th Congress

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.

Referred to the Subcommittee on Health.

Official summary

Version 00 · Introduced in House · Nov 30, 2022

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).

Read the summary on Congress.gov
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Who introduced it

Rep. Gohmert, Louie [R-TX-1] · R–TX

Committees

  • Energy and Commerce Committee
1 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Health.

  2. Referred to the House Committee on Energy and Commerce.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Feb 5, 2024. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.9366 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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