COVID-19 vaccine liability limits under the PREP Act
The situation is very different for emergency vaccines, such as the COVID-19 vaccines. The Public Readiness and Emergency Preparedness Act (PREP) allows the secretary to issue a statement limiting liability for a product during an emergency. The Secretary issued such a declaration for Covid-19 products and vaccines.
The statement completely isolates “manufacturers, distributors, program planners, and qualified persons, and their officials, agents, and employees, and the United States” from liability for harms or deaths from COVID-19 vaccines until October 1, 2024. In other words, you cannot sue these manufacturers at all.
The only exception is “willful misconduct,” which means (42 U.S. Code § 247d–6d (c)(1)(A)):
an act or omission that is taken
(i) intentionally to achieve a wrongful purpose;
(ii) knowingly without legal or factual justification; and
(iii) in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.
There are additional requirements that need to be met. This is a very, very high bar. It will be very hard to sue a manufacturer here.
Thanks for finding this info.
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