A new bill would amend the Public Health Service Act to rightfully end the liability protections Congress gave vaccine makers under the 1986 Childhood Vaccine Injury Act.
House Bill 9828 would eliminate the broad protection from liability for injuries resulting from vaccines listed on the Centers for Disease Control and Prevention’s (CDC) Childhood Immunization Schedule.
This terrific bill would allow Americans injured by vaccines to have their day in court again!
Specifically, the bill would:
- Offer vaccine injury victims the choice to file lawsuits in civil court or go through the existing vaccine court.
- Eliminate the 2-3 year statute of limitations for lawsuits against vaccine manufacturers, allowing anyone injured since the enactment of the 1986 law to pursue legal action.
- Remove Covid-19 injections from the Countermeasures Injury Compensation Program (CICP), subjecting them to the same legal treatment as other recommended vaccines.
HB 9828 is co-sponsored by 30 lawmakers and was referred to the House Committee on Energy and Commerce on 9-25-2024. Now, we need your support!
TAKE ACTION
Contact your U.S. House Representative and ask him or her to support HB 9828.
You can find who represents you at: https://www.congress.gov/contact-us
Calls are more effective than emails and only take a few minutes. Below is a Sample Script, and there are additional Talking Points. Use your own words when you call or email – a personal message is always more effective than a form message!
SAMPLE SCRIPT:
“Hi, my name is ____, and I’m calling to urge Representative ____ to support HB 9828.
The 1986 Childhood Vaccine Injury Act removed meaningful pathways for families injured by vaccines to seek compensation while granting vaccine manufacturers immunity from liability. HB 9828 would restore accountability by ending these liability protections.
For over 35 years, families have faced an ineffective compensation system while pharmaceutical companies remain shielded from responsibility. Americans injured by vaccines must have the right to seek justice in court.
Before 1986, the legal system was key in holding companies accountable for unsafe products. Removing liability has allowed companies to avoid responsibility for negligence. Our Seventh Amendment right to seek civil action in court must be restored.
I strongly urge Representative _____ to support this vital legislation.”
TALKING POINTS AND FACTS:
- In 1986, Congress passed the National Childhood Vaccine Injury Act to address the known risks of vaccines, acknowledging that vaccines had “unavoidable” side effects.
- The act established a “no-fault” system, allowing individuals injured by vaccines to file claims through the National Vaccine Injury Compensation Program (VICP) instead of suing manufacturers directly.
- The VICP was designed to protect vaccine manufacturers from lawsuits that could lead to bankruptcy while providing injury victims with a streamlined, fair, and non-adversarial compensation process. Unfortunately, the victims of vaccine injury are rarely compensated through the VICP.
- The U.S. Department of Health and Human Services oversees the VICP, commonly called the “vaccine court.” Special masters, typically former government attorneys, manage and decide individual claims.
- VICP proceedings are more informal than typical court cases. There is no judge or jury and no adherence to standard rules of evidence, civil procedure, or discovery.
- If a vaccine injures you, your Seventh Amendment right to a jury trial was eliminated for vaccines routinely administered under the National Vaccine Childhood Injury Act of 1986. Covid-19 injections, classified as bio-weapon countermeasures, received complete liability protection under the PREP Act of 2005. As a result, the only option for compensation is through government-controlled programs that lack traditional court rights, such as discovery or the ability to subpoena witnesses.
- The CICP has paid only 16 claims for Covid-19 injection injuries, totaling $425,301.55. Except for one payment, all of the claims resulted in compensation of $8,962 or less.
- The most current data from the Vaccine Adverse Event Reporting System(VAERS) show that between Dec. 14, 2020, and Aug. 30, 2024, 1,602,516 adverse events related to the Covid-19 injections were reported to VAERS, including 37,390 deaths and 311,544 serious injuries.
- While you can sue companies like Pfizer, Johnson & Johnson, or Moderna for injuries caused by their drug products, vaccine injuries are exempt from such lawsuits. Notably, these drug manufacturers have been fined billions for crimes, including racketeering, bribing doctors, falsifying evidence to regulatory bodies, and selling products they knew could be deadly.
- Despite its original intent, critics argue that obtaining compensation through the VICP has become increasingly difficult, suggesting that the program now prioritizes protecting government agencies and corporations over the health of vaccinated individuals.
MORE INFORMATION:
View text, status, and history of the bill here:
https://www.congress.gov/bill/118th-congress/house-bill/9828/text
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