Preservation of existing rights

Nothing in this Act shall be construed to limit the ability of any person to pursue civil remedies under Federal or State law for injury or harm arising from the development, administration, or distribution of any— (1) drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); (2) biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))); or (3) covered countermeasure (as defined in section 319F–3(i) of the Public Health Service Act (42 U.S.C. 247d–6d(i)), as in effect on the day before the date of enactment of this Act).