Rep. Gosar Introduces Groundbreaking Bill to End Big Pharma’s Liability Shield for Vaccine Injuries

Rep. Paul A. Gosar, D.D.S. (AZ), has introduced H.R. 9828, the End the Vaccine Carveout Act.

This legislation seeks to strip vaccine manufacturers of the immunity they have enjoyed for decades, leaving countless victims of vaccine injuries without legal recourse.

Gosar’s proposal is a monumental step in addressing the unfair protections afforded to pharmaceutical giants, who have raked in billions while hiding behind legal shields.

Big Pharma has used legal strategies to reduce its liability in court. ​One such strategy is utilizing the PREP Act, which shields biopharmaceutical companies from lawsuits related to products used in public health emergencies, including vaccines.

The PREP Act, passed in 2005, grants pharmaceutical companies immunity from lawsuits for products used to combat public health emergencies.

This Act has been utilized to shield companies like Pfizer and Moderna from legal liability for any unintentional issues arising from their COVID-19 vaccines.

Another one is the National Childhood Vaccine Injury Act (NCVIA) of 1986, which established a no-fault system in the U.S. to compensate individuals for injuries caused by vaccines while also shielding pharmaceutical companies from most lawsuits related to vaccine injuries.

This act aimed to stabilize the vaccine supply and encourage the development of new vaccines.

“Under current law, it is nearly impossible to hold vaccine manufacturers liable for injuries caused by vaccines due to a 1986 law that unfairly created a special immunity carveout for Big Pharma, making it very difficult for vaccine-injured victims to win in a court of law,” said Rep. Gosar.

“My legislation strips away current immunity provisions unfairly shielding Big Pharma from the harms caused by their products and allows those injured by vaccines to pursue a civil lawsuit in state or federal court.  Big Pharma doesn’t deserve a get-out-of-jail-free card for injuries caused by their harmful vaccines.”

The National Childhood Vaccine Injury Act of 1986 (NCVIA) established the National Vaccine Injury Compensation Program (VICP), which provides compensation to people who believe they were injured by a vaccine.

The Gateway Pundit reported in 2022 that while the United States does have a vaccine injury compensation program, many Americans who have filed claims after being injured by the experimental COVID vaccines have not received compensation and many were denied for not meeting the standard of proof.

If a petition is filed and it is determined that a vaccine or covered countermeasure caused an injury, the Health Resources and Services Administration (HRSA), an agency of the U.S. Department of Health and Human Services, has two programs available to compensate the petitioner financially, or certain survivors may be eligible for death benefits.

The two programs offered are the Countermeasures Injury Compensation Program (CICP) and the National Vaccine Injury Compensation Program (VICP). You can read the comparison here.

For claims associated with the COVID-19 vaccine or other COVID-19-related countermeasures, you can file your Request for Benefits with the Countermeasures Injury Compensation Program.

The Countermeasures Injury Compensation Program (CICP) was created so that in the unlikely event you experience a serious injury from a covered countermeasure, you may be considered for benefits, HRSA said on its website.

The CICP’s data for fiscal years 2010 through 2024, currently as of September 1, 2024, shows a total of 13,955 claims filed, out of which 13,392 are related to COVID-19 injuries.

Of these, 10,132 remain pending review, while 3,260 decisions have been made. A mere 58 claims were deemed eligible for compensation, and only 16 were actually compensated.

Meanwhile, 41 cases are pending benefits determination, and 1 case had no eligible expenses. Alarmingly, 3,202 claims were denied, with 561 of these due to a lack of submitted medical records, 405 for failing to meet the standard of proof, 1,981 for missing the filing deadline, and 255 for involving non-CICP-covered products.

Gosar’s bill, the End the Vaccine Carveout Act, goes after the 1986 law that shielded vaccine manufacturers from accountability, allowing them to push dangerous vaccines without fear of facing the consequences in court.

As it stands, these companies are virtually untouchable, leaving vaccine injury victims with little to no hope of seeking justice.

According to Rep. Gosar:

“Although federal bureaucrats and Big Pharma insist that vaccines are safe, there is an unfortunate lack of science regarding the safety of vaccines.  For example, a review of 12,000 scientific papers by the Institute of Medicine published in 2012 found that 98% of injuries studied were either caused by or may have been caused by a vaccine.  Another government study found that while vaccines caused injuries in 10 percent of cases, only one percent get reported, meaning those injured by vaccines are vastly undercounted.

Furthermore, according to the Center for Disease Control’s Vaccine Adverse Event Reporting System, nearly 20,000 Americans were reported as having been killed to date by a COVID-19 vaccine, equating to one death for every 14,000 people vaccinated, much higher than the one in a million deaths that is normally cited for dangerous vaccines.

Government bureaucrats and scientists responsible for approving vaccines are in bed with Big Pharma, often owning pharmaceutical stocks, serving as consultants and receiving lucrative contracts from pharmaceutical companies that pressure them to produce favorable results which is in direct violation of federal law.

Worse, many scientists and researchers in government agencies develop patents for vaccines that are approved by the very agencies they work for, creating a conflict of interest and raising serious questions about the impartiality of their decisions.”

Here is some more background on the bill:

A Rasmussen poll of 1,110 adults from late October of 2023 found that 24% of American adults “personally” know someone who died of the COVID-19 vaccine, and 42% said they would join a class-action lawsuit against pharmaceutical companies for vaccine side effects.

Under current law, U.S.C. 300aa-11(a)(2) and U.S.C. 300aa-11(a)(3), civil action against vaccine manufacturers in a federal or state court is prohibited for anyone injured by a vaccine that is included on the Vaccine Injury Table, unless they first seek compensation from the Vaccine Injury Compensation Program (VICP), a program funded through the collection of a 75 cent excise tax on vaccine manufacturers for every dose of those vaccines that Congress includes in the program.  Once a person accepts or rejects compensation from the VICP, then they are eligible to pursue a civil action against a vaccine administrator for over $1,000.

However, language immunizing vaccine manufacturers is very strong in U.S.C. 300aa-22(b)(1), U.S.C. 300aa-22(b)(2) and U.S.C. 300aa-23(d)(2).  A plaintiff must prove that the vaccine manufacturer either committed “fraud”, intentionally withheld “information relating to the safety or efficacy of vaccines,” or “failed to exercise due care” in following federal law regulating vaccines and backed up “by clear and convincing evidence.”  This language creates a very high bar that plaintiffs need to clear in order to find manufacturers liable.

The End the Vaccine Carveout Act is a simple bill that removes the requirement that the vaccine-injured first seek compensation through the VICP and would remove all language unfairly immunizing vaccine manufacturers from the liability stemming from any injuries caused by their vaccines.

The bill would also change the definition of a countermeasure, a treatment or vaccine used to combat a disease that has a public health emergency associated with it, not to include any COVID-19 vaccine – thus ensuring a liability shield that countermeasures enjoy under the Public Readiness and Emergency Preparedness Act no longer applies to any COVID-19 vaccine.

Those injured from the COVID-19 vaccine and the survivors of those killed from the COVID-19 vaccine would now have the ability to bring a civil action in federal or state court against vaccine manufacturers for a vaccine that has resulted in the reported deaths of 21,780 people, as of October 30, 2023 (total reached through search of Vaccine Adverse Event Reporting System database).

To put that number into perspective, as of August 22, 2021, 8,966 deaths from all other vaccines were reported to VAERS for its entire 31-year history up until that point.

According to Rep. Gosar, Pfizer and Moderna generated revenues of $100.3 billion and $19.3 billion, respectively, in 2022.

“Vaccine manufacturers must once again be held liable by the injuries caused by their products. Their special immunity from liability must be ended. Furthermore, COVID-19 vaccines must be redefined as vaccines and not “countermeasures,” so that the PREP Act’s liability carveout can no longer apply.”

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