HF 2287 (LSB 6788YH (2) 91)

HOUSE FILE 2287

BY  THOMSON

A BILL FOR

An Act relating to liability for injuries caused by vaccines.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  139A.27  Vaccines —— limitation of distribution.
   Notwithstanding any provision of law to the contrary, a vaccine shall not be distributed, sold, or administered in this state unless the manufacturer of the vaccine affirmatively waives any immunity from suit for an injury arising from a design defect of the vaccine, including the immunity granted by the federal National Childhood Vaccine Injury Act, 42 U.S.C. §300aa-1 et seq.
    Sec. 2.  NEW SECTION.  613.22  Vaccine injury —— waiver of immunity.
   A manufacturer of a vaccine that is distributed, sold, or administered within this state shall be deemed to have waived any immunity to suit for injuries caused by a design defect of the vaccine, including immunity granted by the federal National Childhood Vaccine Injury Act, 42 U.S.C. §300aa-1 et seq.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to immunity from suit for injuries caused by design defects of vaccines. The bill prohibits a vaccine from being distributed, sold, or administered in this state unless the manufacturer of the vaccine affirmatively waives any immunity from suit for an injury arising from a design defect of the vaccine, including the immunity granted by the federal National Childhood Vaccine Injury Act, 42 U.S.C. §300aa-1 et seq. The bill deems a manufacturer of a vaccine to have waived immunity from suit for an injury arising from a design defect of a vaccine if the vaccine is distributed, sold, or administered in this state.