The PREP Repeal Act would eliminate federal liability protections for pharmaceutical companies and others who develop, manufacture, or distribute vaccines and medical treatments during public health emergencies. Specifically, the bill repeals sections of the Public Health Service Act that currently shield these entities from lawsuits when people are injured by covered countermeasures authorized under the Public Readiness and Emergency Preparedness Act. The legislation would allow individuals to sue for damages in federal or state courts for injuries from drugs, devices, vaccines, and other medical products used during emergencies, restoring legal remedies that currently do not exist for products covered under the PREP Act's liability shield. The bill applies only to lawsuits filed after enactment or those already pending in court, and it also cancels any unobligated balances in the Covered Countermeasure Process Fund. Proponents argue this change would increase accountability and public trust, while opponents contend it could discourage development of emergency medical countermeasures by exposing manufacturers to substantial litigation risk.
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