H.F. 2287 Section 1. NEW SECTION . 139A.27 Vaccines —— limitation of 1 distribution. 2 Notwithstanding any provision of law to the contrary, a 3 vaccine shall not be distributed, sold, or administered in this 4 state unless the manufacturer of the vaccine affirmatively 5 waives any immunity from suit for an injury arising from a 6 design defect of the vaccine, including the immunity granted by 7 the federal National Childhood Vaccine Injury Act, 42 U.S.C. 8 §300aa-1 et seq. 9 Sec. 2. NEW SECTION . 613.22 Vaccine injury —— waiver of 10 immunity. 11 A manufacturer of a vaccine that is distributed, sold, or 12 administered within this state shall be deemed to have waived 13 any immunity to suit for injuries caused by a design defect of 14 the vaccine, including immunity granted by the federal National 15 Childhood Vaccine Injury Act, 42 U.S.C. §300aa-1 et seq. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to immunity from suit for injuries caused 20 by design defects of vaccines. The bill prohibits a vaccine 21 from being distributed, sold, or administered in this state 22 unless the manufacturer of the vaccine affirmatively waives any 23 immunity from suit for an injury arising from a design defect 24 of the vaccine, including the immunity granted by the federal 25 National Childhood Vaccine Injury Act, 42 U.S.C. §300aa-1 26 et seq. The bill deems a manufacturer of a vaccine to have 27 waived immunity from suit for an injury arising from a design 28 defect of a vaccine if the vaccine is distributed, sold, or 29 administered in this state. 30 -1- LSB 6788YH (2) 91 lh/jh 1/ 1