US Federal 2025-2026 Regular Session

US Federal Senate Bill SB3853

Introduced
2/11/26  

Caption

End the Vaccine Carveout Act

Impact

The removal of the liability shield for vaccine manufacturers would significantly impact both state laws and public health policies. If enacted, vaccine-related injuries could lead to a rise in litigation against manufacturers, thereby altering the landscape of vaccine production and distribution. Proponents argue that this accountability is crucial for public trust and safety, while opponents express concern that it might discourage research and development in vaccine technologies due to increased legal risks. The bill could lead to a revision of compensation processes for vaccine injuries, shifting from a federal compensation model to state courts.

Summary

Senate Bill 3853, titled 'End the Vaccine Carveout Act,' seeks to amend the Public Health Service Act by eliminating the liability protections currently afforded to vaccine manufacturers. This legislation aims to allow individuals to pursue legal action against vaccine manufacturers and administrators for injuries or deaths resulting from vaccine-related incidents, bypassing the existing compensation framework. By removing these legal shields, the bill seeks to hold manufacturers accountable and facilitate better transparency in vaccine administration and safety.

Contention

Debate surrounding SB 3853 predominantly focuses on the implications of removing protections for manufacturers. Supporters, including some lawmakers and public health advocates, argue that ending the liability shield is essential for upholding consumer rights and ensuring manufacturers prioritize safety in vaccine development. Critics, on the other hand, argue that this move could hinder vaccine availability and compromise immunization programs by exposing manufacturers to lawsuits, which might discourage investment in vaccine innovation. The balance between ensuring accountability and maintaining a robust vaccine market is at the heart of the contention surrounding this bill.

Companion Bills

US HB4668

Related End the Vaccine Carveout Act

Previously Filed As

US HB4668

End the Vaccine Carveout Act

US HB3631

VITAL Act of 2025 Vaccines in Trial and Liability Act of 2025

US H0525

Foods Containing Vaccines or Vaccine Materials

US HB5448

Protecting Free Vaccines Act

US A2630

"Informed Consent for Vaccination Act"; revises requirements for administration of vaccines to patients.

US SB2857

Protecting Free Vaccines Act of 2025

US SB475

Ban aluminum in vaccines

US HB2369

Allowing pharmacists to administer certain vaccines to children and adults pursuant to a vaccination protocol.

US SB2755

"Vaccine Discrimination and Transparency Act"; prohibit coercion related to vaccination.

US HB8425

Strengthening the Vaccines for Children Program Act of 2026

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