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Limited Liability Immunity for COVID-19 Countermeasure Providers

Barred Claims

  • 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.