The Florida House Civil Justice & Claims Committee approved a bill Wednesday that would let people sue vaccine manufacturers if the drugs advertised in the state harm them.
Rep. Monique Miller, R-Palm Bay, sponsored the proposal (HB 339), which would give someone who was harmed after receiving a vaccine up to three years to sue the manufacturer in civil court if that manufacturer advertised the drug in Florida.
The bill defines advertising as the traditional methods of radio, TV and print ads, but also direct-to-consumer methods, such as product placement, social media ads and paid influencers.
Courts could award prevailing claimants actual damages, costs and attorney fees, according to the measure.
“Decades ago, the federal government largely shielded vaccine manufacturers from liability,” Miller said. “In exchange, it established two no-fault courts where the vaccine-injured could seek remedy.”
Those are the Court of Federal Claims and the National Vaccine Injury Compensation Program (VICP).
But those courts are “wholly inadequate,” Miller added, because vaccine-injured people often go uncompensated or inadequately compensated, forcing them to go on Medicare or Medicaid. The bill would give them an easier recourse, Miller said.
Retired anesthesiologist Dr. Nancy Staats took issue with the bill, saying federal laws prevent the state from addressing such issues.
“I implore you to stop this effort to malign vaccines, which save lives,” said Staats.
The bill comes amid widespread debate about vaccines, including Florida health officials looking to do away with certain vaccination mandates for school children.
The House bill has two more committee hearings scheduled.
The Senate version (SB 408) has two more committee hearings in that chamber, too.
