National Vaccine Injury Compensation Program

Section 2122 of the Public Health Service Act (42 U.S.C. 300aa–22) is amended by adding at the end the following: (f) Liability (1) Fraudulent material statement No civil action against a vaccine manufacturer or vaccine sponsor shall be barred under this part if the Secretary determines, after notice and opportunity for a hearing, that a fraudulent material statement was made, or material information was concealed, by a vaccine manufacturer with respect to data collected from a clinical trial of a vaccine. (2) Award of damages (A) In general Notwithstanding any other provision of law, an plaintiff bringing a claim pursuant to paragraph (1) may— (i) seek compensation under the program established under this part; and (ii) concurrently bring an action with respect to such claim in any appropriate United States district court. (B) Award of damages Notwithstanding any other provision of law, the amount of an award of damages made to a plaintiff for a claim pursuant to paragraph (1) may not be reduced on the basis of any other damages the plaintiff may receive as a result of such claim. (3) Applicability with respect to COVID–19 vaccine Notwithstanding any other provision of law, a civil action against a vaccine manufacturer pursuant to paragraph (1) with respect to a vaccine related to COVID–19 may be made at any time. (4) COVID–19 definition In this section, the term COVID–19 means the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 or the SARS–CoV–2. This term also relates to any and all variations of that virus of which there is no termination date for this term.