- Claims that allege an injury caused by or relating to the administration or use by an individual of a covered countermeasure.
- Claims that are due to the manufacture, delivery, distribution, dispensing, or management and operation of countermeasure programs at distribution and dispensing sites.
Claims Not Barred
- With limited exceptions, no immunity is available for death or serious physical injury caused by the willful misconduct of a covered person.
- Federal enforcement actions.
- Federal law claims for equitable relief.
- Foreign claims without a link to the United States.
Immunity Coverage Duration
- Immunity is available through the final day the emergency declaration is in effect or October 1, 2024, whichever occurs first.
- An additional 12 months of immunity is available to allow manufacturers to arrange for the disposition or return of the covered countermeasure.
Other Declaration Provisions
- A covered person using or administering a covered countermeasure should document the reasonable precautions they have taken to safely use the covered countermeasure.
- A countermeasures injury compensation program is available to compensate for injury or death.