H.R.1432 - Let Injured Americans Be Legally Empowered Act; LIABLE Act (119th Congress)
Summary
H.R. 1432, also known as the LIABLE Act, aims to remove federal immunity protections for COVID-19 vaccine manufacturers regarding liability for losses resulting from the administration or use of their vaccines. The bill explicitly targets sections of the Public Health Service Act that currently provide liability protections. It allows individuals to pursue civil actions against manufacturers, regardless of their participation in compensation programs like the Countermeasures Injury Compensation Program or the National Vaccine Injury Compensation Program.
The bill defines "COVID-19 vaccine" broadly, encompassing any vaccine authorized by the FDA to prevent or mitigate harm or transmission related to COVID-19. It also stipulates that the Act applies retroactively, affecting claims regardless of when the vaccine was administered.
The bill was introduced in the House of Representatives on February 18, 2025, and referred to the Committee on the Judiciary.
Expected Effects
If enacted, the LIABLE Act would expose COVID-19 vaccine manufacturers to potential lawsuits related to vaccine injuries or adverse effects. This could lead to increased litigation and potential financial burdens for these companies.
It might also influence the development and distribution of future vaccines, as manufacturers may become more cautious or hesitant to produce vaccines without liability protections. The Act could also impact public confidence in vaccines, depending on how the legal landscape evolves.
Potential Benefits
- Increased accountability for vaccine manufacturers.
- Potential compensation for individuals who believe they have been harmed by COVID-19 vaccines.
- Greater transparency regarding vaccine safety and potential side effects.
- Could incentivize manufacturers to produce safer vaccines.
- Provides individuals with more legal recourse options.
Potential Disadvantages
- Could increase the cost of vaccines due to potential litigation expenses.
- May discourage vaccine manufacturers from developing and distributing new vaccines.
- Could lead to frivolous lawsuits and overburden the legal system.
- May negatively impact public confidence in vaccines if manufacturers are perceived as liable.
- Potential for increased vaccine hesitancy.
Constitutional Alignment
The bill's constitutionality is complex. Congress has the power to regulate interstate commerce (Article I, Section 8), which could be argued to extend to vaccine manufacturing and distribution. However, the bill also potentially affects individual rights and access to remedies, raising questions about due process and equal protection under the Fifth and Fourteenth Amendments.
The bill does not appear to infringe on any specific constitutional rights, such as those protected by the First or Second Amendments. The retroactive applicability clause could raise concerns about fairness and potential ex post facto implications, although these typically apply to criminal laws, not civil liabilities.
Ultimately, the constitutionality of the LIABLE Act would likely be determined by the courts if it were enacted and challenged.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).