Federal Bill: S 3853

Bill Summary

The End the Vaccine Carveout Act (S3853) would amend the Public Health Service Act to remove the liability shield that currently protects vaccine manufacturers from lawsuits, allowing individuals who suffer vaccine-related injuries or deaths to sue in state or federal court. The bill preserves the National Vaccine Injury Compensation Program as an alternative remedy but removes the requirement that injured parties exhaust that program before pursuing litigation. It also explicitly excludes COVID-19 vaccines from emergency use authorization protections, subjecting them to the same liability standards as other pharmaceutical products. The legislation was introduced in the 119th Congress on February 11, 2026, and currently remains in committee.

Why It Matters to MAHA

This bill directly advances health freedom and patient autonomy by restoring individual legal recourse when vaccine injuries occur, shifting power away from government-protected corporate interests and back to harmed patients and their families. MAHA supports transparency and accountability in healthcare, and removing artificial legal barriers allows the facts of vaccine safety and manufacturer conduct to be examined openly in court rather than hidden behind liability shields. The carveout has created a situation where vaccine manufacturers face no market incentive to prioritize safety or innovation in the same way other drug makers must, undermining genuine health security. By treating vaccines like all other pharmaceutical products subject to normal liability standards, this bill encourages manufacturers to prioritize safety and creates transparency that serves public health. Restoring individual access to the courts empowers patients rather than protecting corporate liability, which aligns fundamentally with MAHA's commitment to patient rights over regulatory privilege.