H.R. 4668 — End the Vaccine Carveout Act

This section amends the National Vaccine Injury Compensation Program (VICP)—a no-fault system administered by the Department of Health and Human Services to compensate certain vaccine-related injuries and deaths without requiring proof of fault—to permit persons to bring civil actions against vaccine administrators or manufacturers in state or federal courts for such injuries or deaths beginning on the date of enactment, irrespective of a VICP petition (subject to mutual exclusivity: compensation under one precludes pursuit of the other, with pending claims under the other dismissed). It (1) strikes petition restrictions and notice requirements in VICP section 2111(a) and (c); (2) eliminates statutes of limitations under section 2116(a), allowing VICP petitions for injuries at any time (from 36 months after first symptom) or for deaths at any time (from 24 months after death or 48 months after injury onset), with retroactive effect; (3) repeals VICP provisions on election to file civil actions (sec. 2121(a)), standards of manufacturer responsibility (sec. 2122), and trial procedures (sec. 2123); and (4) makes conforming amendments to provisions on attorneys' fees, compensation payments, and state limitations periods (secs. 2115, 2116(c), and 2134(b)(1)). This section further amends the PREP Act to exclude COVID-19 vaccines from the definition of covered countermeasure (sec. 319F–3(i)(1)).