FOR IMMEDIATE RELEASE
February 26, 2026
REPUBLICAN LIBERTY CAUCUS BACKS RAND PAUL’S S. 3853 AND PAUL GOSAR’S H.R. 4668 TO END VACCINE MANUFACTURER LIABILITY SHIELDS
The Republican Liberty Caucus strongly supports Senator Rand Paul’s bill S.3853 and Congressman Paul Gosar’s companion bill H.R. 4668 to repeal the special liability protections granted to vaccine and biologic manufacturers.
These bills restore plaintiffs’ right—denied since 1986—to choose civil lawsuits against manufacturers or compensation through the National Vaccine Injury Compensation Program (VICP). H.R. 4668 also removes COVID-19 vaccines from “covered countermeasures” status under the 2005 PREP Act, allowing civil action for related injuries.
Background: In 1986 U.S. Congress passed the National Childhood Vaccine Injury Act (NCVIA), establishing a legal shield for vaccine manufacturers from lawsuits related to vaccine-related injuries. At the same time, the National Vaccine Injury Compensation Program (NVICP) was created as an alternative to traditional litigation, providing a “no- fault” system for compensating individuals injured by vaccines. This removed all product liability for vaccine makers.
In 2005 the Prep Act was passed that removes product liability for “EUA” vaccines/biologics when HHS secretary makes PREP Act Declaration. This was implemented for the Covid vaccines/biologics. The PREP Act directs such “countermeasures” to be covered by the Countermeasures Injury Compensation Program (CICP). This also needs to be repealed.
The reason HR5546 was passed in 1986 was because vaccine manufacturers were getting sued for vaccine injury and losing the cases. They went to Congress for liability protection and “threatened” to stop making vaccines.
Instead of improving safety and efficacy of their products, vaccine makers pushed for liability protection and Congress complied. If liability protection is removed, the litigation floodgates will open, and you will see advertisements on T.V. that you do not see now, like this: Have you or a loved one been injured by a vaccine?
Vaccine manufacturers must be held financially accountable like all other companies. Free-market forces and litigation risk drive higher safety standards, whereas shielding them from responsibility has done the opposite.
In Summary: These bills eliminate anti-free-market liability shields and correct failed central planning. Passing them will let injured Americans seek redress, incentivize manufacturers to rigorously weigh risks and benefits, and prioritize safety—the same market discipline that protects consumers of every other product.
Action Items
- Contact your Senators and Representatives: urge them to cosponsor and vote for S. 3853 and H.R. 4668.
- Call House Energy and Commerce Committee members: request a hearing on H.R. 4668.
- Promote awareness of the unfulfilled testing requirements of the Childhood Vaccine Injury Act of 1986. Initiate a nationwide conversation about pharmaceutical manufacturers’ protection from accountability coupled with their unwillingness to comply with common sense testing.
- Advocate for the repeal of immunity granted by the PREP Act of 2005.
- Remember, the right to seek redress will protect the public going forward, which combined with retrospective accountability will incentivize the industry to weigh more heavily the risks and benefits of their products.
- Educate friends, family, and colleagues on restoring accountability for pharmaceutical companies.
