US SB3853

Allows individuals to sue vaccine administrators and manufacturers directly in State or Federal court for vaccine-related injuries or deaths, regardless of whether they have filed a petition through the National Vaccine Injury Compensation Program

Repeals key liability protections for vaccine manufacturers established under the Public Health Service Act, including Section 2121(a) election provisions, Section 2122 standards of responsibility, and Section 2123 trial procedures

Creates mutual exclusivity between compensation routes: accepting damages through civil litigation bars filing a Program petition, and accepting Program compensation bars civil lawsuits for the same injury

Excludes COVID-19 vaccines from the definition of "covered countermeasure" under the PREP Act, removing liability protections specific to COVID-19 vaccines

Introduced February 11, 2026 by Senators Paul and Lee, referred to the Committee on Health, Education, Labor, and Pensions