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Vaccine Liability Shield
About Vaccine Liability Shield
The National Childhood Vaccine Injury Act of 1986 provided vaccine manufacturers with liability protection for covered vaccines. The act was prompted by lawsuits against DTP manufacturers that threatened vaccine supply. Several manufacturers stopped making vaccines. The act established the VICP as an alternative to lawsuits. Claimants must file with VICP first. If they reject the VICP decision, they can sue the manufacturer. Manufacturers pay an excise tax on each dose to fund the program. The liability shield was controversial but preserved the vaccine supply. Similar liability protections were extended for COVID vaccines under the PREP Act, which provides broader immunity. The PREP Act covers all COVID countermeasures including vaccines, therapeutics, and diagnostics. Critics argue that liability shields remove incentives for safety. Proponents argue that they are necessary to maintain vaccine supply.
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